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(영문) 대구지방법원 서부지원 2019.08.21 2018고단512
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 or acquire a means of access for electronic financial transactions.

Nevertheless, around 10:00 on December 12, 2017, the Defendant, via a mobile phone, sent the Defendant’s account to the effect that, “I need another person’s account to obtain tax reduction or exemption, I would like to give KRW 3 million to one account, and KRW 7 million to two accounts if I would be informed of the account number and password.”

At around 16:00 on the same day, the Defendant sent the physical card linked to the Bbank C account in the name of the Defendant through Kwikset Service, and sent the means of electronic financial transactions to the nameless party by informing D of the password, at least 412, the Daegu subway No. 1, Daegu subway No. 412 on a monthly basis.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A photograph of each of the contents of a conversation taken;

1. Application of details of transactions and statutes governing financial transactions;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act regarding criminal facts, the choice of a fine (the nature of the crime in this case is without fault, the confession of the defendant in the investigation stage, the fact that the profit gained from the crime in this case is not significant, the primary 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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