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(영문) 대전지방법원 서산지원 2019.03.28 2018고단1208
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 or acquire any means of access used in electronic financial transactions.

On June 19, 2018, the Defendant was under contact with the Defendant that “When opening a bank account and opening a check card, the Defendant would give a loan.”

Although the Defendant was well aware of the fact that the crime of Boscing fraud was character and that there was no request for a physical card and password in order to obtain a loan, the Defendant, at around the 20th day of the same month, sent to the name in the fixed box through the article of Kwikwikset service, on the page of 425-12, at the parking lot in the Goscam-gun, west-gun Office located in the name of the Defendant at the Hasck-gun's office located in the name of the Defendant.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A petition prepared by C;

1. A certificate of transaction;

1. A specification of transactions by account;

1. Application of Acts and subordinate statutes to an application for personal membership of a credit card company;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the transfer of the means of access to electronic financial transactions requires strict punishment due to a highly dangerous crime that may cause secondary damage as it is abused to other serious crimes, such as singishing crimes, etc. The means of access actually transferred by the defendant has been used for the crime of fraud. However, the fact that the defendant's mistake and reflects the fact that it appears to be recognized and that there is no profit acquired therefrom, and there is no criminal conviction exceeding the same criminal record and fine, and all other conditions of sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc.

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