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(영문) 대구지방법원 서부지원 2020.01.08 2019고단2084
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 person shall transfer or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on March 21, 2019, the Defendant received a proposal from a person who has no name in return for the delivery of the check from the person who has no name in return for the transfer of the check from the person who has no name in return for the transfer of the check, and delivered one check connected to the D (E) account under the name of the Defendant to the person who has no name in return for the transfer of the check to the person who has the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (verification of CCTV images from damage sources);

1. Application of Acts and subordinate statutes concerning the details of transactions by account, information on financial transactions, replys to CCTV video data;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, requires strict punishment as an act to assist another crime, such as singing, etc., the Defendant’s transfer of the card and the Defendant’s account connected thereto is actually used for singing, taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant actually used for singing, and the fact that the Defendant recognized the facts of the crime and is divided, and that there was no record of punishment for the same crime, etc.

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