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(영문) 광주지방법원 2019.11.22 2019고단3698
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 one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

On February 26, 2019, the Defendant sent a physical card connected to the Agricultural Cooperative (C) account in the name of the Defendant, on the front side of Gwangju North-gu, Gwangju-gu, and on the proposal of the under-paid person, transferred the means of access by informing Kwikset of the password.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a duplicate of passbook, a detailed statement of transactions, and statutes concerning transactions;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime of transfer of the means of access in this case cannot be deemed to be less restrictive to the degree of crime as an essential means to achieve the purpose of the crime of Bosing fraud, the fact that the means of access transferred by the defendant was actually used for the crime of Bosing fraud, and the defendant was punished once as the same crime, and even if the defendant had been sentenced to a one-time suspension of indictment, the crime of this case is committed against the defendant.

However, considering the favorable circumstances, such as the fact that the defendant is divided into and against the defendant's mistake, there is no record of punishment more than a suspended sentence, the fact that the defendant has no profit from the crime of this case, the fact that the defendant has received no profit from the actual acquisition of the defendant, the fact that the victim was returned to the above account by the suspension of transaction after the deposit of the damage amount with the account in the name of the defendant, and the actual damage did not occur, and the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after

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