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(영문) 수원지방법원 안양지원 2019.07.12 2019고단593
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 or acquire a means of access in using and managing the means of access.

Nevertheless, at around 11:00 on January 9, 2019, the Defendant sent a copy of the physical card connected to the Dwikset’s account (E) under the name of the Defendant, who heard the phrase “on the face of sending the physical card” from his name-free persons, to his name-free persons.

Accordingly, the Defendant transferred the means of access.

No person shall transfer or acquire a means of access, except as otherwise expressly provided for in any other Act.

Nevertheless, on February 26, 2019, the Defendant received text messages stating that “When sending a physical card, the Defendant would have extended credit rating by raising the credit rating.” On February 27, 2019, the Defendant sent one copy of the physical card connected to the H bank account (Account Number I) in the name of the Defendant at the G convenience store located in Sinpo-si F, Gunpo-si around February 27, 2019.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

"2019 Highest 593"

1. Defendant's legal statement;

1. The authenticity and written statement of the J;

1. Financial transactions in the principal;

1. Return of financial transaction information "2019Nong937";

1. Defendant's legal statement;

1. The authenticity and written statement of K;

1. Certificate of remittance;

1. A copy of an application for opening an account under the name of Hbank (I), details of account transactions, etc.;

1. Application of Acts and subordinate statutes to door-to-door copies;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is the act of facilitating the transfer of the means of access, such as tax evasion and fraud.

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