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(영문) 광주지방법원 장흥지원 2020.05.14 2020고단32
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

In using and managing the means of access, no one shall transfer the means of access unless otherwise provided for in other Acts.

Nevertheless, on November 3, 2019, the Defendant received a proposal that “I would like to pay taxes to alcoholic beverage companies. If you send an account, I will pay 3 million won a fee.” On or around the 13th day of the same month, the Defendant included a physical card connected to the Defendant’s name-based bank account (D) before the building C in Gangnam-gun, Gangnam-gun, Gangnam-gun, Seoul, in a flus book.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning financial transactions and financial transactions in a national bank;

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

1. The act of transferring or lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished because it can be used as a means of other crimes. The means of access to this case that the defendant lent by him is used as a means of the crime of fraud, the defendant recognizes his mistake and reflects that the defendant did not acquire benefits due to the crime of this case, the defendant did not have the same power, the defendant did not have the same kind of power, and the conditions of various sentencing as indicated in the records and trial process, such as the age, character and conduct of the defendant, motive and means of the crime, and circumstances after the crime

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