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(영문) 전주지방법원 2020.08.12 2019고단1387

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, the Defendant listened to the statement that “the bank account number and body card to be used for loan is required.” On April 3, 2019, the Defendant sent the number and password of the new investment finance account (B) in the name of the Defendant to the Kakaox, and sent one copy of the check to the above account via Kwikset service article.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of written confirmations of the results of electronic financial transfer, and of Acts and subordinate statutes on financial data reply;

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. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the Defendant committed an act indicated in the facts of the offense in the judgment, even though he/she had a criminal investigation record of two times or more of the suspension of indictment for the same crime, and the transfer of the means of access is often used as a means of other crime, such as scaming, etc., so it is necessary to strictly punish the Defendant. The Defendant’s damage is disadvantageous to the Defendant.

However, the defendant has no record of criminal punishment exceeding a fine, and the defendant's age, environment, circumstances of the crime, attitude after the crime, etc. and various sentencing conditions shown in the arguments shall be determined as the order, taking into consideration the following factors.