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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4591
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access unless otherwise specifically provided for in other Acts.

Nevertheless, around the early 2017, the Defendant accepted the proposal from the person who was not the name of “to get loans,” and then established B as the representative of the Defendant. On September 1, 2017, the Defendant opened the Do Bank Account (E) in the name of the said corporation at the branch office of the Seoul Seocho-gu D Bank Legal Aid and Development Center of the D Bank in Seocho-gu, Seoul, Seoul, and then sent to the person who was named, through Kwikset Service, the head of Tong, OTP card, and password connected to the B bank account (E) established in the G office located in Gwangjin-gu, Gyeonggi-do on the same day.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing search, seizure, verification warrant, details of I transaction in H Bank (State), details of transaction in H Bank immediately after I second, details of transaction, details of registration, and all matters to be registered;

1. The relevant provision of criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the selection of punishment, and the transfer of the means of access to sentencing for sentencing imprisonment with labor is inevitable because it is possible to cause multiple victims by using the means of access to systematic fraud crimes.

In this case, the defendant transferred the means of access to a variety of victims, did not recover damage, and the defendant also recognized that his act was a crime.

Provided, That the punishment shall be determined as ordered in consideration of the reflection of the accused, criminal records (no record of punishment exceeding the same kind of crime or fine), etc.

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