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(영문) 의정부지방법원 2020.03.12 2019고단3504

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 a means of access used in electronic financial transactions.

Nevertheless, the Defendant, on May 2019, heard the phrase “on the part of the Defendant sent the e-mail card to obtain a loan. To withdraw the interest and principal directly each month if the e-mail card is sent. Upon the completion of the test on whether to withdraw with the e-mail card, the loan will be due.” On May 21, 2019, around 50:04, at the office of Gangnam-gu Seoul, Gangnam-gu 55 Seoul, Gangnam-gu, Seoul, the e-mail card and password connected to the e-mail bank account (B) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of each text message, details of execution of a warrant of seizure, and application of the statutes governing selective receipt;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 for sentencing of the provisional payment order is a situation unfavorable to the defendant, because the defendant committed the crime of this case on the ground of the promise to lend funds and transferred one e-mail card connected to his bank account to a person whose identity is not known. The means of access provided as such is highly likely to be abused for the crime of fraud, such as Bosping, etc. against many and unspecified persons, and the crime is not less than the nature of the crime, and the fact that the above e-mail card was used for the crime and causing property damage equivalent to

However, the fact that the defendant recognizes and reflects the crime of this case, that the defendant's physical card is needed to obtain a loan, and it appears that the crime was committed at the end of the staff of the Scishing, and that there is no profit from the crime.