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(영문) 대전지방법원 서산지원 2019.06.19 2018고단1378
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is the means of access to an electronic financial transaction.

Nevertheless, the Defendant, at the end of August 2018, called “a loan of up to 6 million won” by telephone from an unqualified person, and sent a physical check card and password connected to the account to obtain a loan.”

Although the Defendant had already been punished once due to the violation of the Electronic Financial Transactions Act, he was well aware of the fact that there was no request for a cash card and password in order to obtain a loan, the Defendant, at around August 2018, sent a e-mail card connected to the post office account (Account Number B) in the name of the Defendant at the office located in Seosan-si, Seomun-dong, Seosan-si, a paper box, sent the card to a e-mail, sent it to a e-mail, sent the password to the name impaired, notified by telephone, and did not have any safety device to receive a cash card returned.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of remittance of money from damage, and application of statutes on financial transaction information;

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 choice of imprisonment;

1. The transfer of the means of access, such as a physical card with the reason for sentencing under Article 62(1) of the Criminal Act, was used for various crimes, such as scaming, and social harm is very serious. The means of access transferred by the Defendant was used for the actual scaming crime.

Although the Defendant had been sentenced to a fine for violating the Electronic Financial Transactions Act, the Defendant committed the instant crime.

Other circumstances, such as the age, character and conduct, environment, health status, circumstances of the crime, and circumstances after the crime.

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