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(영문) 인천지방법원 2019.08.21 2019고단3796
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 shall transfer the means of access to electronic financial transactions.

On July 2018, the Defendant is able to borrow up to five million won from a person who is not aware of his name in the early 2018, and the interest will be withdrawn if he sent his check card.

“I listen to the horses, without securing any means of guaranteeing the return of the CPC at around 12:00 on July 4, 2018, “I sent the CPC card under the name of the Defendant to a person whose name is not known through Kwikset Service Articles, and notify the person whose name the password of the said account is unknown.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on related photographs, inquiries about details of transactions, etc., requests for financial transaction information, correspondence data, investigation reports (Attachment to F dialogues), and F dialogue details;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is high risk of using the means of access that the Defendant transferred as a means of other crimes, such as singing, etc., and is actually used for singing. On the other hand, the Defendant is against the instant crime, and there is no record of criminal punishment other than the fine imposed as a type of crime; the number of means of access transferred by the Defendant; the Defendant’s age, character and conduct, environment; the motive and background of the instant crime; the means of access; the means and method of the instant crime; and the circumstances after the crime, etc., shall be determined by comprehensively taking into account

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