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(영문) 대구지방법원 서부지원 2019.05.08 2018고단3204

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 April 2018, the Defendant received a proposal from a person whose name is unknown, that “the Defendant sent a e-mail card to the lending of the loan, making the results of the transaction, making the e-mail card.” On April 25, 2018, the Defendant did not secure at all the means of ensuring that the e-mail card can be returned at around 15:50 on April 25, 2018, and then sent the e-mail card connected to the Dowon-dong post office located in the Dowon-ro 6, Daegu-ro, Daegu, to the Defendant’s name Bbank account (C), and notified the password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (limited to the date, time and place of the check card transferred by A, the nominal owner of the passbook);

1. Application of the Acts and subordinate statutes on postal information, such as receipts, replies to requests for the provision of information on financial transactions, customer information inquiries, photographs, etc. after capturing the details of E dialogues;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act to assist another crime, such as singing, etc., the Defendant’s transfer of the card and the Defendant’s account connected thereto was actually used for the singing crime, and the damage incurred from the said singing crime was considerably significant. Considering the circumstances unfavorable to the Defendant, the Defendant’s act of transferring the means of access used in electronic financial transactions shall be determined by taking into account the following factors as favorable to the Defendant: (a) the Defendant recognized the facts of the