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(영문) 전주지방법원 군산지원 2019.08.23 2019고단643
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer to any third party any means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, around January 11, 2019, the Defendant could provide “a loan from a lender who misrepresented the “EF agency” through D message. However, it is necessary to send e-mail card 1 so that us can withdraw the principal and interest so that us can withdraw.” After accepting the word, the Defendant sent e-mail card connected to the G Association (H) account in the name of the Defendant, using Kwikset service staff.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of warrant answer materials and detailed statement of transactions Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, the primary offender, and the defendant's prompt response that the money of the victim singing is not delivered to the criminal organization. The crime of this case is a consideration in electronic financial transactions and its transfer is highly likely to impair trust in electronic financial transactions and to be used for other criminal acts. It is considered that the means of access that the means of access that the defendant lent seems to have been used for the crime, such as singishing, etc., is considered as the factors of sentencing that are disadvantageous to the defendant, and the punishment is determined as ordered in light of the defendant's age, character and conduct, family relationship, motive for the crime.

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