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(영문) 춘천지방법원 강릉지원 2020.03.26 2020고정5
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire the means of access to electronic financial transactions.

Nevertheless, on December 2, 2017, the Defendant received a call from the male on his/her name in Gangnam-si B and C, and the Defendant sent a physical card connected to the former deposit account in the name of the Defendant to Kwikset-si, and transferred the means of access by notifying the password of the card to Kwikset-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a certificate of confirmation or a reply to the request for financial transaction 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 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 lending 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 lent by the Defendant was also used for the crime of Bophishing fraud.

On the other hand, it is more favorable that the defendant recognized the crime, and there is no past history of punishment prior to the instant case, and that the account linked to the means of access transferred by the defendant is suspended from payment and the damage amount is to be refunded.

In addition, considering the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, etc. and various sentencing conditions specified in the records and pleadings, the punishment as ordered shall be mitigated than that of the summary order.

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