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(영문) 수원지방법원 안산지원 2019.01.23 2018고단4215
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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access used in electronic financial transactions, except as otherwise provided for in other Acts and subordinate statutes.

Nevertheless, while the Defendant was aware of the loan, he heard the statement that “When sending a copy of passbook, check card, and identification card, the Defendant would have a loan from KRW 1 million to KRW 5 million,” and consented to the loan. On June 2018, the Defendant issued B bank account (C) in the name of the Defendant and one e-mail card connected to the account to the account in front of the light view located in the early night in the name of the Defendant in front of the light view, and notified the above account’s password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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. Article 62 (1) of the Criminal Act;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, character and conduct, family relationship, shall be determined as ordered by considering the following factors.

- Unfavorable circumstances: The account of the defendant was used in telecommunications-based financial fraud, the records of the suspension of indictment due to the same kind of crime are two times, and the circumstances favorable to the defendant: confession and reflect; the fact that there is no criminal record of a fine or more severe punishment;

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