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(영문) 광주지방법원 순천지원 2020.02.13 2019고단2554

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

In using and managing the means of access, no person shall transfer or take over any access medium unless otherwise specifically provided for in other Acts.

Nevertheless, on June 24, 2019, the Defendant: (a) searched a low interest rate loan with a cell phone in the name of B bank; and (b) took advantage of the loan by posting a phone to a bulletiner in the name of B bank (hereinafter referred to as “person without a name,” and (c) was aware of the loan by posting the phone to the above person without a name; (b) heard the phrase “to make and send a physical card to reduce the loan by making it difficult to grant a loan due to low credit; (c) making a deposit payment performance; and (d) making a credit rating higher; and (e) making a credit rating to reduce the loan; (e) around June 24, 2019, the Defendant sent each physical card connected to the account under the name of the Defendant at the Mineyang-dong post offices located in the name of B bank (E) and an enterprise bank (F) to the person with no name, and notified the above person with each of the above name card.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of search and seizure warrant or Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the means of electronic financial transactions transferred to another person on the grounds of sentencing under Article 62(1) of the Criminal Act can be used for fraud crimes, such as licensing, etc., and that the account of the means of access transferred by the Defendant was actually used for fraud, a serious punishment against the Defendant is necessary.

However, the defendant recognized all of the crimes of this case and reflects his mistake in depth, and the defendant acquired from the crimes of this case.