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(영문) 서울남부지방법원 2019.10.24 2019고단3665
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 one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on May 9, 2019, the Defendant was called to the effect that “B bank C counselor” was from a person who assumes a false name, “B bank C counselor,” and then will borrow a loan after repeatedly cutting the credit rating by sending a physical card.” During the same month, the Defendant issued one check card connected to the Defendant’s name to the F Bank account (G) in the name of the Defendant through Kwikset service article sent by the Nonindicted Party D building in Seoul Special Metropolitan City and the third E-gu club in Seoul Special Metropolitan City during the same month.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a statement of H;

1. The application of Acts and subordinate statutes of a criminal investigation report (Attachment of Warrant Execution Documents - F Bank);

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 detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. The sentence shall be determined as ordered by taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the background leading up to the Defendant’s commission of the crime; (c) the circumstances before and after the commission of the crime; and (d) the circumstances leading up to the Defendant’s age, character and conduct, environment, criminal records; and (c) the circumstances leading to the

Unfavorable circumstances: The transfer of means of access needs to be strictly punished because it is often used as a means of other crimes, such as gambling and painting, and circumstances in which the means of access actually transferred by the defendant has been used for the crime of Bosing: The defendant recognized the crime and is against it; the defendant transferred the means of access in order to obtain low interest loans.

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