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(영문) 대구지방법원 서부지원 2020.05.14 2018고단3085
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 person shall transfer the means of access to electronic financial transactions.

On September 7, 2015, the Defendant heard the statement to the effect that “I will pay KRW 40-50,000 per case if I send a physical card from a person whose name is unknown, which is a liquor company, due to tax evasion.” On September 7, 2015, without securing any means of guaranteeing the right to receive a physical card from around September 7, 2015, the Defendant sent the physical card in the name of the Defendant’s bank account (D) to the one whose name is not known through Kwikset Service news, with a password written on the back on the back page.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report ( telephone conversations with a suspect);

1. Data submitted by a complainant;

1. Application of replies to requests for financial transaction information;

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 a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.

However, considering the fact that the defendant led to the crime of this case and misunderstanding is divided, there is no benefit acquired by the crime of this case, there is no record of punishment for the same kind of crime, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall

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