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(영문) 광주지방법원 2019.06.20 2019고단897

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

Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.

Nevertheless, on November 8, 2018, the Defendant: (a) received a proposal from a person under his/her name, stating that “if he/she sent a physical card so that he/she can use it for a short time, he/she would offer 25-3 million won per day for that day; and (b) provided a means of access by sending a physical card connected to the Defendant’s bank account (E) in Seo-gu, Seo-gu, Gwangju; (c) around November 12:30, 2018; and (d) provided a means of access by promising him/her to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to financial transaction statements, etc.;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the nature and risk of the crime in this case, the background of the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism.