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(영문) 전주지방법원 군산지원 2020.01.08 2019고단1328

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

On August 9, 2019, anyone is prohibited from transferring or taking over a means of access used in electronic financial transactions, the Defendant sent a physical card from a name-free lender B to another person instead of lending, and then delivered a physical card, one, password, etc. connected to the Defendant’s bank account (D) to the Kwikset service engineer who sent the above name-free lender to the above name-free lender.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each internal investigation report [Attachment of F dialogueed Data, Search, Seizure and Inspection Warrant (2019-2263) C reply] and investigation report (related to submission of photographs);

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act shall be punished by imprisonment with labor in consideration of the following: (a) the act of taking into account the fact that the act of lending means of access, such as scaming, etc. can be abused for crimes, tax evasion, gambling, etc.; and (b) the act of transferring the means of access is limited to the degree of social abolition; (c) the actual occurrence of the victim; and (d) the act of repeating the indictment one time for the same kind of crime; and (d) the act of lending means of access shall be punished by imprisonment with labor in consideration of the fact that