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(영문) 수원지방법원 2018.08.16 2018고단3498
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On December 6, 2017, the Defendant: (a) obtained a loan from a person whose name “OK Savings Bank B” was unknown with the Defendant’s credit rating; (b) obtained a false credit rating by creating a false transaction performance; (c) obtained a so-called “illegal work loan”; (d) around December 7, 2017, the Defendant sent the Defendant’s name using Kwikset’s Kwikset’s service, which is an access medium connected to the Defendant’s bank account (Account Number: E) and one check, whose account number and password are indicated, to a person whose name is unknown, using Kwikset’s service.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 2 subparagraph 10 of the Act on Electronic Financial Transactions concerning the crime; the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was actually used for the phishing crime, and the victim was the third victim.

The Defendant’s crime of this case led to the disturbance of the financial transaction order.

The Defendant, under the same name, was experienced in using the scam for the scam, and was also punished by the instant crime with full knowledge that the Defendant could be used for the scaming of access media transfer. However, the Defendant recognized the instant crime and against himself.

A defendant has no record of punishment for the same kind of crime.

In addition, the defendant's age, sex, and behavior.

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