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(영문) 광주지방법원 2020.11.26 2020고단4443
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access under the Electronic Financial Transactions Act, no person may transfer or acquire the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 23, 2020, the Defendant heard the statement that “a loan may be made at low interest rate. To obtain a loan, the details of transactions and physical cards shall be sent for three months.” On the same day, the Defendant sent a copy of the physical card connected to the Bbank account in the name of the Defendant at the Gwangju Tracdong post office located at 30 Dang-ro 54-gil-ro 54-ro, Gwangju, North-gu, Gwangju, and transferred it by transferring the physical card to the name poor person by means of registration.

Summary of Evidence

1. Defendant's legal statement;

1. The details of the transfer of the statement to D by the police, the details of the Kakao Stockholm dialogue (Evidence No. 7 No.), and the application of the statutes governing the registration receipt;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The transferred means of access can be used for fraud, crime proceeds concealment, money laundering, etc., and there is a need for strict punishment as it is highly harmful to society, such as impairing the safety and reliability of electronic financial transactions.

The means of access that the Defendant transferred was actually used for the crime of Bophishing fraud.

favorable circumstances: The defendant recognizes and reflects his/her crime.

There is no history of criminal punishment against the defendant.

There seems to be no benefit acquired from the crime of this case.

There are some circumstances to consider the transfer of the means of access.

In addition, the defendant's age, character and conduct, environment, motive, means and method of crime, results, and circumstances after the crime are comprehensively considered.

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