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(영문) 의정부지방법원 2020.07.23 2020고단860

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer the means of access by financial institutions.

Nevertheless, around March 28, 2018, the Defendant received a request from a nameless person who is called C to provide a service on behalf of the business operator, and requested that the account be opened. After opening the E account (Account Number:F) in the name of the said D Co., Ltd., the Defendant sent one physical card connected to the said account to Kwikset service, and notified him of the password by telephone.

Accordingly, the Defendant transferred the means of access to financial institutions.

Summary of Evidence

1. Application of the police's written statement to G of the defendant's legal statement to the defendant, application for deposit transaction, and application of the Acts and subordinate statutes to close the victim's cell banking screen on deposit of all the matters registered in the customer transaction certificate;

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. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the act of transferring the means of access used in electronic financial transactions, like the instant crime, requires strict punishment as an act assisting another crime, such as fraud, and considering the circumstances unfavorable to the Defendant, such as the fact that the check card and the account of the Defendant connected thereto, in which the Defendant transferred, were actually used for fraud, and the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, and the fact that there was no record of the same crime prior to the instant crime, etc. are considered favorable to the Defendant, a punishment as