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(영문) 수원지방법원 안산지원 2019.01.08 2018고단3449
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, around March 21, 2018, the Defendant accepted the proposal that “I are operating a private casino on the Internet. I want to pay KRW 500,000 per week from the loan of the account.” On March 22, 2018, the Defendant transferred the C head of Tong (D) and the physical card that was opened in the name of the Defendant to the needy in the vicinity of the building near the building near the Dong-gu in Ansan-si, Gyeonggi-si, and then transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of transfer routes, etc. of passbooks);

1. Application of Acts and subordinate statutes to investigation reports (Perusal of suspect interrogation protocol against E);

1. The relevant provision of criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the selection of punishment, and the transfer of the means of access to sentencing for sentencing imprisonment with labor is inevitable because it is possible to cause multiple victims by using the means of access to systematic fraud crimes.

In this case, there were several victims by transferring the means of access, and the defendant was brupted in the desire to pay money, and the damage was not recovered.

In addition, although the defendant could have known that his act constitutes a specific crime, he is sufficiently aware that he is an illegal act.

However, the punishment shall be determined as ordered in consideration of the family environment, etc. of the defendant, such as the reflection of the defendant, criminal records (no criminal records of the same kind), the majority of two children, and the third pregnancy.

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