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(영문) 인천지방법원 2019.03.06 2018고단9127
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 may transfer or acquire any means of access in using and managing the means of access by financial institutions.

On August 24, 2015, the Defendant was aware of the fact that he transferred B Bank Cze Card to a nameless person for the purpose of lending, and during the investigation process, he was aware that the Defendant’s transfer of the means of access was illegal, and that the transfer of the means of access was not possible, and that the Defendant could not receive the return of the Cze Card even if he sent it, because the Cze Card could be used in criminal or illegal days and it could not be returned.

Nevertheless, at around 16:00 on April 17, 2018, the Defendant sent one physical card connected to the E (F) account under the name in the name of the Defendant to the name in the way of packaging the physical card on the envelope in front of D Co., Ltd., in which the Defendant works in Bupyeong-si Co., Ltd. and sending it using Kwikset Service, and notified the account number and password by telephone.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of deposit transactions, replies to requests for the provision of financial transaction information, and application of the Acts and subordinate statutes governing the provision of financial information;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is high risk of using the means of access transferred by the defendant as a means of other crimes, such as singing, singing, etc., and actually used for singing, on the other hand, the defendant is against the instant crime, the first offender, the number of means of access transferred by the defendant, and other means of access.

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