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(영문) 대전지방법원 서산지원 2018.10.25 2018고단628

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 any access medium used in electronic financial transactions.

Nevertheless, on March 17, 2018, the Defendant sent a e-mail card by telephone from a person without his/her name, and if he/she is informed of the account identification number, he/she will have the e-mail prepare a publicity notice of the gambling site.

“The contact was received”.

Although the Defendant was well aware of the fact that the criminal act of Bosing fraud was character and that there was no request for the physical card or password in the event of Escam, the Defendant, at around 11:55 on March 23, 2018, sent 2 physical cards connected to the new bank account (B) in the name of the Defendant before the withdrawal of 1476, pursuant to the 1476 Simsan punishment, on March 23, 2018, notified the non-existence of the above name, and did not have any safety devices to receive the physical card returned by telephone, and did not have any safety devices to receive the physical card.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition;

1. Application of Acts and subordinate statutes to report internal investigation (a warrant of seizure verification and reply);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 1 (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the electronic financial transaction access media transferred or lent to a third party can be used for fraudulent crimes, such as licensing, etc., which may cause damage to many and unspecified persons. In light of the fact that the access media actually transferred by the defendant was used for the criminal act, and that the damage was caused by the use of the access media actually transferred by the defendant, it is necessary to severely punish the defendant.

However, it seems that the defendant's mistake and reflects, and that there is no benefit to the defendant.