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(영문) 청주지방법원 제천지원 2019.05.09 2019고단75
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

1. On December 16, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) around December 16, 2016, on the street of the “C” company located in Seocheon-si B, the Defendant sent one physical card connected to the Defendant’s post office account in the name of the Defendant, via Kwikset Service Delivery Board; and (b) informed the password by telephone.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

2. On October 24, 2018, the Defendant violated the Electronic Financial Transactions Act: (a) around October 24, 2018, around the street of the “C” company referred to in paragraph (1) and sent a e-mail card connected to the account under the name of the Defendant via Kwikset Service Delivery Board; and (b) informed the password by telephone.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. Details of remittance transactions, list of remittance details, false official documents, and statement of financial transaction information;

1. Application of a statement of account transactions and the Acts and subordinate statutes governing the return of financial transaction information;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant transferred the means of access two times.

The means of access leased by the Defendant was used for the crime of fraud (phishing).

The amount of damage caused by the means of access transferred by the accused is about 12 million won.

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