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(영문) 대구지방법원 서부지원 2019.06.27 2018고단3179

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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.

At around 10:00 on May 31, 2018, the Defendant heard the statement to the effect that “the Defendant will lend KRW 5 million to a credit business entity, if the Defendant sent the e-mail card,” from a person whose name cannot be known, and without securing at least 12:00 on the same day, the Defendant’s e-mail card of the e-mail bank account (E) in the Defendant’s C office operated by the Gyeongbuk-gun group B, without securing at all the means of guaranteeing the right to receive the e-mail card back at around 12:00 on the same day, the Defendant sent the e-mail card of the Defendant’s name to a person whose name cannot be known through Kwikset’s news service, and

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to data submitted by victims, details of replies, details of transfer, and the result of execution of seizure warrants;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 the means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the nature of the crime is not good. The means of access transferred by the defendant was actually used for the crime of fraud, and the defendant has a record of being suspended from indictment for the same crime.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no benefit from the crime of this case, there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.