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(영문) 대구지방법원 서부지원 2019.06.14 2018고단3210

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On July 14, 2018, the Defendant received a proposal from a nameless person to “a request to send a physical card at KRW 5 million to 7-10% interest, mediating with a person holding a personal bond,” and without securing at least 3:30 on July 14, 2018, the Defendant sent a physical card connected to a bank account (D) under the name of the Defendant on the front of the Suwon Tong-gu, Suwon-gu, Suwon-gu, and notified Kwikset service provider of its password’s password and its password.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the reply statutes to requests for the provision of financial transaction information, such as certificates and specifications of transactions;

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 choice of imprisonment;

1. Considering the fact that the crime with respect to the means of access with the reason for sentencing under Article 62(1) of the Criminal Act can be abused as the means of other crimes, and that the account in this case was actually used for other crimes, it is necessary to strictly punish the Defendant.

Meanwhile, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record of the same kind, the circumstances of the crime, the records of the crime ( several criminal records), the circumstances after the crime, the prosecution's punishment (two years of suspended sentence for six months). It is so decided as per Disposition.