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(영문) 의정부지방법원 2019.10.01 2019고정1279

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On February 28, 2019, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, in the Goyang Branch of the Jung-gu District Court on March 28, 2019, and the judgment

【Criminal Facts】

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

Nevertheless, on December 11, 2018, the Defendant sent a physical card connected to the bank account (B) under the name of the Defendant to a person whose name cannot be known within the PC bank where the name is unknown, and the password was known to C, and transferred the means of access of financial institutions by notifying it to C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of transactions;

1. Previouss before judgment: Criminal records, repeated statements, and application of Acts and subordinate statutes reporting results of confirmation of dispositions;

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. The transfer of the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment on the grounds of serious social harm, such as harming the general public’s trust in financial transactions and the security of financial transactions, and using it for licensing crimes.

However, the fact that the defendant is recognized to commit the crime, and the defendant seems to have been unaware of the fact that his account is used for the crimes of Bophishing, and the fact that the actual price is not paid due to the crime of this case shall be considered as favorable to the defendant, and the principle of equity shall be taken into account when the judgment of conviction was rendered simultaneously with the

In addition, the defendant's age, character and conduct, environment, motive and means of crime, and circumstances after crime, etc., all the conditions of the argument and the records of the case.