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(영문) 춘천지방법원강릉지원 2020.12.10 2020고단713
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

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

Nevertheless, around March 15, 2020, the Defendant: (a) received a telephone from the deceased person on the name of the Defendant to the effect that “B Bank Team is a financial team; (b) the low-income bracket is going to open a Maspbook; and (c) repeatedly created a transaction performance by opening the current account; (d) accordingly, the Defendant has to send a e-mail card connected to the current account; (b) accepted the call to the effect that “the e-mail card linked to the current account is changed; and (c) sent a copy of the e-mail card connected to the Defendant’s account in the name of the Defendant at the time of Gangwon-gu,

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. Details of the transaction list, Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes to warrant of search, seizure and verification;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, four months to ten months;

3. Circumstances unfavorable to the determination of sentence: The defendant's act of transferring the means of access to another person, like the crime in this case, requires strict punishment as it can be used as a means of other crimes, such as Bosing, etc. In this case, the means of access leased by the defendant in this case was used for the crime of Bosing fraud, the defendant was sentenced to a suspended sentence of imprisonment in 2019 due to the same crime, and even though he was sentenced to a suspended sentence of imprisonment in 2019, the circumstances favorable to the defendant committed the crime

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