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(영문) 대전지방법원 천안지원 2018.04.27 2017고단2887
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

However, on June 1, 2017, the Defendant received a proposal from a person without his name to the effect that “I wish to offer KRW 2 million per account if I lend an account necessary for tax reduction or exemption to a liquor company.” On June 14, 2017, the Defendant sent a physical card and password connected to the post office account (D) under the name of the Defendant to the person without his/her name via Kwikset’s service in Seo-gu, Seo-gu, Seo-gu, Yan-gu. on June 14, 2017.

(v) was transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing receipts, provision of financial information, and inquiries about details of financial transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was that the access medium transferred by the Defendant was used for the crime of fraud, causing damage.

However, it does not seem that the defendant obtained profits from the crime of this case.

In addition, the defendant is against his or her will to recognize his or her mistake, and there is no record of criminal punishment except once a fine is imposed prior to this case.

In addition, the amount of damage deposited in the deposit account in the name of the defendant was not withdrawn, and all of them were returned to the victim of the fraud crime.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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