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(영문) 수원지방법원 안양지원 2020.05.22 2020고정129
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

Except as otherwise provided for in any other Act, no person shall transfer any means of access used in electronic financial transactions to any third party.

Nevertheless, the defendant introduced as the director of B Bank C from the one who was the director of B Bank C to "a loan up to KRW 12 million if there is any transaction details in the passbook. If you send the C Card, I would like to obtain a false transaction performance by accumulating it.On August 30, 2019, the defendant accepted it with the proposal of "," and then, on August 30, 2019, he sent the C Card connected to B bank account under the name of the defendant (E), e-mail card connected to B bank account (E), e-mail card connected to B bank account (G), e-mail, and Kwikset service article through Kwikset service article.

Accordingly, the Defendant transferred the physical card and password, which is a means of access used in electronic financial transactions, to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of customer personal information inquiry and deposit transaction records;

1. A copy of passbook of the Bank, and a copy of passbook of the Bank;

1. Application of Acts and subordinate statutes to photographs (the cellular phone storage text messages of a suspect A);

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the circumstances and records below the sentence of sentence.

Unfavorable circumstances: The act of lending a means of access to another person, such as the instant crime, is highly likely to be used as a means of other crimes, and thus there is a high risk of using the means of access as a means of other crimes: The defendant is against the defendant, and the defendant also assumes a false name of the lender.

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