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(영문) 대구지방법원 서부지원 2019.10.01 2019고단117
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 for electronic financial transactions.

Nevertheless, on January 2018, the Defendant, who was informed of the text message received from the Defendant’s cell phone, was under contact with the Defendant to the effect that “to lend a loan, but in order to grant a loan, the physical card and password are required,” and sentenced the Defendant to transfer the Defendant’s account.

On January 2018, the Defendant did not find out specific methods to receive the information or body card of the company to receive the loan, and opened the means of access to electronic financial transactions to the name in a way that the Defendant sent the physical card connected to the account (Account Number C) of the Bank in the name of the Defendant to the box and sent it to the name in the box through Kwikset Service Articles, and notify the password to the cell phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of Acts and subordinate statutes on trading lists;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the Defendant transferred was actually used for the crime of fraud, etc. is disadvantageous.

However, in light of the fact that the defendant led to the crime of this case and misunderstandings, the defendant is the primary offender who has no criminal record, and the age, character and conduct, environment, family relationship, means and result of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case.

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