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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1610
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

On June 7, 2019, the Defendant: (a) received from the Defendant’s home located in Swikset Co., Ltd., the Defendant sent one check card connected to the Defendant’s name D Securities (E) account from the Defendant’s home located in Swikset-si, on June 15, 2019, to the effect that “6 million won will be loaned.” First, in order to directly deduct interest from the Party’s account, the Defendant informed the Party’s account number and password and sent it to the Party B so that interest may be deducted directly from the Party’s account; and (b) sent one check card connected to the Defendant’s D Securities (E) through Kwikset-si’s Kwikset Service.

As a result, the Defendant promised to provide a means of access to B in return for an intangible expected benefit of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on damage, Kakao Stockholm content, each photograph, transfer confirmation certificate, and the response data on financial transaction information (Evidence No. 5);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of offenses in violation of the Electronic Financial Transactions Act [Type 1] according to the sentencing guidelines, four months to ten months in imprisonment;

2. Even in the past of the decision of sentence, the same kind of crime was committed and the person was committed, and re-offending was committed.

However, it seems that there is no actual benefit of the defendant.

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