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(영문) 대구지방법원 서부지원 2020.03.23 2019고단2738
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 became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer the means of access to electronic financial transactions.

On May 13, 2019, the Defendant listened to the statement of the purport that “a person who is unable to know his/her name will borrow a loan after confirming whether he/she is a normal physical card if he/she sends the physical card.” On May 13, 2019, the Defendant, without securing at all the means of guaranteeing the right to receive the physical card return at around 13:00 on May 13, 2019, sent the physical card of the building B in the name of the Defendant, and the KB Securities Account (C) in the name of the Defendant to a person who is not known through Kwikset Service’s article, and notified the password of the said account to a Kakao x.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a certificate of remittance results;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);

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