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(영문) 춘천지방법원 속초지원 2020.05.13 2019고정84
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 10, 2019, the Defendant opened a C (D) account at the starting point in the Seocho-si B and the second floor C, and around 19:20 of the same day, the Defendant transferred one physical card connected to the said C account to the scaming operation staff at the street in front of the G convenience store in the vicinity of the Flive Point in the Seocho-si, Seocho-si, 19:20 of the same day. At that time, the Defendant informed the scaming operation staff of the said account number and the password by telephone communications.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to the official receipt and reply letter;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning 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. The act of transferring the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as to the use of the means of access as a tool of crime, such as singing, etc., and the means of access transferred by the Defendant was actually used for the crime of singing fraud.

However, the defendant's mistake is recognized, and the defendant has no same criminal records.

The money that the victim transferred to the account in the name of the defendant was returned to the above victim.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the circumstances of crimes.

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