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(영문) 대구지방법원 서부지원 2018.03.20 2017고단1727
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on May 18, 2017, the Defendant sent a physical card connected to the National Bank Account (B) account under the name of the Defendant to Kwikset Service Articles, which was sent by the Defendant at the seat of the National Bank Compensation Park in Jung-gu, Daegu-gu, Daegu-gu, Dong, and the Defendant transferred the above physical card password to the above name-oriented service article by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A warrant for search and inspection of seizure (applicable mutatis mutandis to financial accounts);

1. Requesting cooperation in investigation;

1. Application of each reply statute;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that an act of transferring a media access to the grounds for sentencing may be abused as a means of another crime, and thus, should be strictly punished. However, considering the fact that the Defendant recognized his mistake and reflects the Defendant, and that the Defendant is an initial offender who has no record of the crime, the sentence is ordered as above.

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