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(영문) 인천지방법원 부천지원 2019.01.31 2018고단3076
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may transfer or acquire the means of access in using and managing the means of electronic financial transactions.

Nevertheless, on August 13, 2018, the Defendant received text messages from a person who misrepresented him/her to borrow a loan from a person who was named as a lender and consented to the demand of the above person to contact him/her with him/her, and then, he/she accepted it by using the card. On the same day, he/she included one physical card connected to a high-person bank account (E) at C Hospital located in Bupyeong-si Postal Zone B, Bupyeong-si, and transferred the means of access to electronic financial transactions through Kwikset news.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage to the F;

1. Application of Acts and subordinate statutes on the results of electronic financial transfer and the details of transactions of deposits;

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 act of transferring the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act facilitating various crimes, such as tax evasion, Internet gambling, and entertainment, and such social harm is serious.

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of the same kind, and the motive and circumstance of the crime of this case, the amount of related damage, etc. shall be determined as the order.

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