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(영문) 대전지방법원 서산지원 2018.12.06 2018고단912
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 access medium used in electronic financial transactions.

On May 26, 2018, the Defendant would offer a loan after raising credit rating by setting up the details of entry and withdrawal transaction 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 was charactered and that there was no request for a physical card and password to obtain a loan, the Defendant, at around 12:40 May 30, 2018, at the Gohap-Eup post office located in Susup, Jin-si, Jin-si (B), sent one physical card connected to the NongHyup account in the name of the Defendant to the NongHyup account in the name of the Defendant, and then sent the password to the non-person by telephone, and did not have any safety device to receive a return of the physical card.

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 C;

1. A petition prepared by C;

1. Application of Acts and subordinate statutes to inquire about certificates of deposit and details of transactions;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Since the act of transferring the media access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act can be used as a means of another crime, it is necessary to strictly punish the defendant. The access media transferred by the defendant actually used for another crime, and damage occurred due to the actual use of another crime. Meanwhile, the defendant's mistake and reflects the fact that there is no serious criminal record other than the defendant's punishment once a fine is imposed for another crime, and the defendant has no serious criminal record other than the defendant's age, sex behavior, environment, background of the crime, circumstances after the crime, etc. shall be considered together, and the punishment is determined as per the order.

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