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(영문) 대전지방법원 공주지원 2015.01.16 2014고정150

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 9, 2014, the Defendant sent a cash card from a person who was not his name, received contact that the loan would be possible and consented to it, and on June 9, 2014, sent the cash card in the name of the Defendant’s bank account (Account Number B) in front of the Samsungdong Branch of Samsung Twit Savings Bank in Seoul Special Metropolitan City through Kwikset service article.

Accordingly, the Defendant transferred the cash card, which is the means of electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Details of each response to financial transaction information;

1. Application of Acts and subordinate statutes to photograph description;

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, such as the transfer of the means of access, based on the sentencing reason of Article 334(1) of the Criminal Procedure Act, is not only detrimental to the safety and reliability of electronic financial transactions, but also has a significant adverse impact on society by using the means of access, such as scaming, etc., and thus creating a large number of victims.

In actual case, the means of access transferred by the defendant was used for the crime of Bosing fraud and the victim was incurred.

However, the Defendant was the first offender, and was under way to lead to the instant crime without any suspicion, and the actual profits acquired by the instant crime were nonexistent, taking into account the type and number of means of access transferred by the Defendant, occupation and property status, and sentencing in the same kind of case.

It is so decided as per Disposition for the above reasons.