beta
(영문) 대구지방법원 의성지원 2020.03.26 2020고단34

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 November 2019, the Defendant received B message from a person who was unable to know his/her name, stating that he/she would lend 7 million won or more at no interest for two months, and did not secure at all the means of guaranteeing the return of the e-mail card on December 4, 2019, and provided the password of the e-mail card to a person whose name is not known, on the front of D in the name of the Defendant E-bank in the name of the Defendant, without securing the means of guaranteeing the return of the e-mail card.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a detailed statement of deposit transactions, photograph of the B conversation course, and an application for union 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized his mistake and divided, and the account in the judgment was actually used in the telephone financial fraud crime, and there were damages equivalent to 5.2 million won, but the damage seems to have been recovered at present, and the defendant has no same power.