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(영문) 광주지방법원 순천지원 2020.02.06 2019고단2538
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 the means of access, no person shall transfer or take over any access medium unless otherwise specifically provided for in other Acts.

Nevertheless, on April 4, 2019, the Defendant: (a) heard the phrase “5 million won loan was approved; (b) he/she opened the B account in the name of the Defendant around April 5, 2019; and (c) transferred a physical card connected to the said account in the name of the Nonindicted Party to the name of the Defendant, who sent the word, in exchange for communication with the word “low interest rate loan”; and (d) he/she was aware of low interest rate loan; and (c) around April 5, 2019, he/she opened the B account in the name of the Defendant; and (d) around 14:40 on the same day, he/she transferred a physical card connected to the said account to the Nonindicted Party through Kwikset Service.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning transfer certificates and the content of transition;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, and selection of fines;

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

1. In light of the fact that electronic financial transactions transferred to another person on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for fraud crimes, such as singing, etc., and that the account of the means of access actually transferred by the defendant has been used for fraud, it is necessary to strictly punish the defendant.

However, all of the crimes in this case are recognized by the defendant, and the defendant seems to have no profit from the crime in this case, and there is no other record, and the defendant's age, character and conduct, environment, motive, means and result of the crime in this case, etc. are shown in the arguments in this case, such as the circumstances after the crime.

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