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(영문) 대구지방법원 서부지원 2019.03.13 2018고단2918
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer the means of access to electronic financial transactions.

Nevertheless, at around 11:10 on July 2, 2018, the Defendant listened to the statement that “the Defendant would immediately lend KRW 3 million to a person who is unable to know his/her name by telephone, if he/she sent his/her e-mail card,” and without securing the method of guaranteeing the right to receive the e-mail card at around 17:00 on July 3, 2018, the Defendant sent the e-mail card of the c bank account (D) in front of the Defendant’s residence located in the Daegu-gu Seo-gu, Seo-gu, to a person whose name is unknown through Kwikset Service Articles, and was informed to a person whose name the e-mail of the above account was unknown.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of details of transactions by account and the Acts and subordinate statutes governing the return of financial transaction information;

1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act regarding criminal facts, the selection of fines (the nature of the crime in this case is grave, but the defendant is against himself/herself at the time of committing the crime in this case, the fact that there is no significant profit from the crime in this case, the initial crime, and other circumstances shown in the argument in this case)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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