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(영문) 서울서부지방법원 2020.01.15 2019고단4039
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 person shall transfer any means of access used in electronic financial transactions to any other person.

Nevertheless, the Defendant listened to the speech that “to obtain a loan, the credit rating should be raised through the deposit and withdrawal work,” and around September 15:0, 2019, the Defendant sent a physical card and a password connected to the Defendant’s name B bank account at the post office located in the Eunpyeong-gu Seoul East East-dong, Seoul, to the Defendant’s name B bank account.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reveal that the means of access transferred by the accused has been used for the crime of fraud, the degree of perception of illegality, and the degree of perception of illegality: Provided, That the defendant is starting to commit the crime of this case; the defendant's age, character and conduct, career, motive of the crime; and other circumstances that form the conditions for sentencing specified in the pleadings of this case, including the defendant's age, character and behavior, career

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