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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단948
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 a means of access.

On November 13, 2019, the Defendant transferred physical cards, etc. in front of C in Paju-si B, and provided C with physical cards and passwords connected to the Defendant’s new bank account (D) through Kwikset service and transferred the means of access to electronic financial transactions, subject to loaning KRW 30 million in consideration thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by E;

1. Application of Acts and subordinate statutes to the details of account transactions and the respective written application for subscription (CIF);

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 of Article 334(1) of the Criminal Procedure Act regarding a provisional payment order is that the means of access transferred by the defendant is used for committing a “waling” crime, and the liability for the crime is not somewhat weak.

However, the defendant intends to obtain a loan, has been prevented from committing the crime of this case, there is no benefit from the crime of this case, and the defendant has no same criminal record.

The victim of Bosing recovered money.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.

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