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(영문) 수원지방법원 안양지원 2019.10.17 2019고단1391
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 one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, at around 14:00 on April 16, 2019, the Defendant loaned KRW 500,000,000 to the “C” office in front of the Defendant’s operation of the Defendant’s located at king-si, and at the same time, from the person under whose name the name was the name named “D.” We are private financing and are unable to receive interest in a normal way, not the registered entity, and we agree to our own interest payment. In this context, we will use the e-mail card to pay interest to our own, and the Kwikset service, which sent one copy of the e-mail card connected to the new bank account (E) in the name of the Defendant, sent to the article of Kwikset service, and notified the person under whose name the e-mail was named, of the password of the above account by telephone.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning F and attached materials;

1. Application of statutes on reply to warrants;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The card that the Defendant transferred was actually used for fraud crime.

The punishment power of fines due to other types of crimes may be met.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

There is no same penalty power.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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