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(영문) 창원지방법원 2019.06.05 2019고단827
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 any means of electronic financial transactions to any other person.

Nevertheless, on November 23, 2018, the Defendant: (a) heard that he/she would make a loan at a low interest when he/she calls to the nameless party who sent the Defendant’s loan advertising note to the Defendant’s mobile phone; and (b) informed the Defendant’s account number and password of B Bank Account (C) in the name of the Defendant through D Mesen; (c) around November 23, 2018, he/she dried up the C Card that is linked to the above account to the nameless party through Kwikset Service Delivery Board.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of a remittance statement and reply warrant Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

There is a need to strictly cope with the transfer of a means of access because it is used for other crimes as well as undermining the safety and reliability of electronic financial transactions.

The means of access that the Defendant transferred was actually used to commit fraud.

A favorable circumstance: The Defendant recognized the instant crime and did not repeat the same mistake.

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