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(영문) 서울남부지방법원 2019.08.30 2019고단2887
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 the means of access to electronic financial transactions.

On February 20, 2018, the Defendant heard the statement to the effect that “the Defendant is a credit company, and if sending the e-mail card, it is possible to check whether the e-mail is an account available, and will loan KRW 6 million.” On February 21, 2018, the Defendant sent the e-mail card of the Defendant’s name Cbank account (D) to a person whose name cannot be known through Kwikset Service’s news at the e-mail-dong branch located in Seoul, Gangnam-gu, Seoul, without securing at all the means of ensuring that the e-mail card can be returned at around 18:00, Feb. 21, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Return on financial transaction information;

1. Each applicable provisions of each deposit receipt;

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. In light of the fact that the act of transferring the means of access for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is serious harmful to the act of facilitating the crime such as tax evasion, Bosing fraud, etc., and that the means of access leased by the Defendant was actually used for the crime of fraud and its damage has been realized, there is room to view that a strict punishment is necessary.

However, since the defendant seems to have committed the crime of this case with economic difficulties, it seems that the defendant committed the crime of this case with wrong recognition and reflects it, and there are favorable circumstances, such as the fact that the profit acquired directly by the crime of this case is not confirmed, it shall be considered. In addition, it shall be ordered in full consideration of various conditions of sentencing in the trial of this case, including the motive and circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct

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