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(영문) 대구지방법원 서부지원 2020.07.23 2019고단3035

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.

The Defendant listened to the phrase “to loan up to KRW 10 million from a person whose name is unknown,” and consented thereto, without securing at all the means of guaranteeing the right to receive the check at around 18:00 on June 13, 2019, the Defendant sent two physical cards connected to the Defendant’s name bank account (C), and D Bank account (E), respectively, to a person whose name is unknown through personal delivery articles, and informed the phone number by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (Attachment of corporate bank response data: Execution of a warrant of search, seizure and verification), investigation report (specific to the victim deposited into the account in the name of a D bank), investigation report (attached to the victim's statement, etc.), investigation report (Attachment to the victim's statement statement); and investigation report (Attachment

1. Application of the Acts and subordinate statutes on transactions of D Banks in A, such as remittance certificates;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.

However, all the sentencing conditions shown in the arguments of this case, such as the defendant's confession and mistake, the fact that there is no record of punishment for the same kind of crime, and the age, character and behavior, environment, family relationship, means and result of the crime, and circumstances after the crime.