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(영문) 광주지방법원순천지원 2020.10.21 2020고정239
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

On December 2019, when the defendant consulted with B employees on loans on December 2, 2019, the defendant demanded a e-mail card connected to the financial account of the defendant due to an unforeseen cause, the same month.

6. A physical card opened in front of the C Apartment in one’s own name and linked to the DB Account (E) being used was transferred to Kwikset Service through Kwikset.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing the entry into and withdrawal from the Financial Statements, and the details of financial transactions of D Banks;

1. In light of the pertinent legal provisions on criminal facts and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on the selection of punishment [the defendant did not know that he/she was merely using a physical card to obtain loans, but the defendant did not know that he/she was merely using the physical card to be used for the crime. However, in this court, the defendant stated in this court that he/she did not ask for the reason that he/she sent the physical card to the non-person in his/her name at the time, and the method of returning the physical card seems not to be specifically discussed in advance, it can be recognized that the defendant transferred the means of access as stated in the facts charged, and dolusent or intentional intent on it is recognized];

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the Act on Provisional Payment Order is that the act of transferring the means of access, such as the instant case, is abused to another crime and thus, is highly likely to mislead unspecified victims. In fact, in this case, the means of access transferred by the Defendant was used

However, the defendant recognized the crime of this case, and is the first offender with no record of criminal punishment, and the profits acquired in this case.

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