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(영문) 춘천지방법원 강릉지원 2019.08.13 2019고단587
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, on February 14, 2019, the Defendant: (a) through a telephone, which was left to a name-free person working in the place B, around February 14, 2019; (b) the Defendant: (c) sent the name-free card to the Defendant at a low interest rate of KRW 8 million; (d) however, (e) the Defendant sent the name-free person via Kwikset service article in the front of the Defendant’s residence located in Gangnam-si F on the same day via Kwikset service article to the effect that, after obtaining the loan from the Party, the Defendant withdraws the interest from the loan to the full payment of the loan, the check is necessary; and (e) the Defendant’s check is called “I wish to lend the e-mail card.” (E) the Defendant sent the e-mail card to the name-free person via Kwikset service article.

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. G statements;

1. A certificate of deposit in the amount of damage and a response to financial transaction data;

1. Application of Acts and subordinate statutes on internal investigation reports (verification of points of opening a DNA account in the name of A);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of transferring the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access transferred by the defendant was used for the crime of Bophishing fraud, causing damage.

In addition, even though the defendant has a record of being sentenced to suspension of indictment once for the same crime, he committed the crime of this case.

On the other hand, however, it is.

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