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(영문) 대구지방법원 서부지원 2020.04.08 2019고단2460

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 or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around June 12, 2019, the Defendant received a proposal from a person under whose name the Defendant intended to borrow a loan in front of Daegu-gun B, which is necessary to refund the principal and interest of the loan, and then transferred a physical card to him through Kwikset through the post office account (C) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit receipt, certificate of deposit transaction record, details of each Kakakao text message, and application of account transaction details;

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 account of the Defendant connected thereto is actually used for singing, etc., taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized the facts of the crime, the fact that the Defendant was divided, the fact that there was no record of having been punished for the same crime, and that there was no record of punishment exceeding the fine, etc.,