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(영문) 대전지방법원 서산지원 2018.11.15 2018고단817
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

On June 15, 2018, the Defendant would make a loan by making the details of entry and withdrawal transaction when sending a e-mail card by telephone from a person without his/her name.

“The contact was received”.

Although the defendant was well aware of the fact that the crime of Bosing fraud is character and that there was no request for a cream card and password in order to obtain a loan, the defendant did not prepare any safety device to return the cream card at around 12:30 on the same day at the first office located at 2:158, Jin-si, Jin-si, 12:30 on the same day, which is linked to the Nos. 2 (Account Number B) account in the name of the defendant and the SC Bank account (Account Number C).

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring a medium of access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for other crimes, such as tax evasion, springing, etc., and the crime of this case is highly likely to be committed. Two of the access media actually transferred by the Defendant was used for fraud and damage exceeding KRW 20 million.

However, it seems that there is no benefit acquired by the crime of this case, the primary offender is the defendant's age, sexual behavior.

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