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(영문) 서울북부지방법원 2020.02.13 2019고정1800

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

In using and managing the means of access, no one may transfer or acquire the means of access unless otherwise specifically provided for in other Acts, but the accused received an advertisement text message that the amount of three million won per account shall be paid to him/her and consulted with him/her through B.

On May 15, 2019, Kwikset service article sent by the deceased in the front of the Nowon-gu Seoul Special Metropolitan City, the post office D account in the name of the defendant, the check card connected to this account, and the USB containing an authorized certificate, and on June 6, 2019, the USB included the Defendant’s name bank E account, the check card connected to this account, and the authorized certificate was opened in front of the non-convenition point in the street.

Accordingly, the Defendant transferred the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of F, G, H and I

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, sought a reduction of the fine (5,00,000 won) for a summary order.

The punishment shall be determined like the order, in consideration of the fact that there is no economic benefit from the case in this case, and the defendant's age, character and conduct, environment, etc., and the conditions of various sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, are equally considered.