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(영문) 수원지방법원 안양지원 2020.02.12 2019고정780
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access.

Nevertheless, at the end of June 2019, the Defendant issued a credit rating to a person who was unaware of his name through Kwikset Service’s article with two physical cards connected to the new bank account (C) and corporate bank account (D) under the name of the Defendant, with the consent of the proposal that “the Defendant would have extended his credit rating if he sent his physical cards” from a person who was unaware of his name in front of the Defendant’s home located in Skset-gu, Makset-si.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A list of transactions of automatic withdrawals in cash;

1. Application of the Canadian dialogue statutes;

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 applicable sentences under law: Fines of 50,000 to twenty million won;

2. It is recognized that the Defendant’s decision of sentence recognizes a crime, the Defendant’s economic difficulties led to the instant crime and seems to have no benefits gained therefrom, and the Defendant has no record of criminal punishment.

However, since the so-called large passbook distributed by the crime of this case is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage, it is inevitable to punish the so-called passbook in order to eradicate it.

In fact, the means of access leased by the defendant was used for the crime of Bophishing, and the damage was not recovered.

The age, character, conduct and environment of the defendant, motive, means and result of the crime, circumstances after the crime, etc.

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