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(영문) 광주지방법원 2020.12.10 2020고단4526
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

In using and managing a means of access under the Electronic Financial Transactions Act, no person may transfer or acquire the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 2020, the Defendant listened to the statement that “The Defendant shall grant a loan at low interest” from a person who was named as a police officer on July 1, 2020, and the same month.

3. At around 13:18, at 423 Doha-ro, Gwangju Northern-ro, Gwangju Northern-ro 24, the Postal Service Office assigned a physical card connected to the account (B) in the name of the defendant to the person who has failed to pay the name through the home-based line in the Postal Service Office-dong, Gwangju-ro 24.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a written statement of statement by police with C) on the statement of the police account (attached to a written statement of transfer of a victim);

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. Determination of sentence: Imprisonment with prison labor for four months and at least two years of suspended sentence: The transferred means of access can be used for crimes, such as painting, criminal proceeds concealment, money laundering, etc., and there is a need for strict punishment as it is highly harmful to society, such as impairing the security and reliability of electronic financial transactions;

The means of access that the Defendant transferred was actually used for the commission of fraud.

In order to obtain a loan in the past (10 years), the defendant shall have a passbook and physical check in his name.

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