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(영문) 대구지방법원 서부지원 2019.06.11 2018고단2553
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

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

On April 11, 2018, the Defendant, by telephone from a person whose name is unknown, offered a proposal that “4 million won can be loaned to 4 million won, interest rate of 1 million won per 60,000 won per 1 million won, sent a physical card to us for us to find interest immediately,” and did not secure a method of guaranteeing the right to receive a return of the physical card on the same day, without obtaining any means of guaranteeing that us can receive a return of the physical card, at the C convenience store located in the Daegu Seogu-gu B market, she sent D a physical card connected to the Defendant’s corporate bank account by putting it on a box, and notified D of the password of the above account.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on photographs by cutting down the receipt of deposits in the F Bank, data on response to the Bank, and conversations;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the transferred means of access to various illegal acts, such as financial fraud.

The means of access actually transferred by the defendant was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, it is hard to say that the defendant does not repeat the crime again, the suspension of payment by financial institutions, the actual damage is not so significant due to the suspension of payment by financial institutions, and the fact that there is no criminal record subject to punishment for the defendant is favorable to the defendant.

3.2

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