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(영문) 대구지방법원 서부지원 2019.10.02 2019고단1710
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, no one shall transfer or acquire a means of access, or receive, demand or promise compensation, and borrow or lend the means of access, unless otherwise expressly provided for in other Acts.

Nevertheless, on April 18, 2019, the Defendant received a loan consultation from an unqualified person, and then received the statement that “8 million won will be loaned as interest at 4%.” On the same day, the Defendant transferred the means of access through Kwiksetman one check linked to the bank account in the name of the Defendant in front of the Seogu Seo-gu (Seoul) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes concerning transfer statements, provision of financial transaction information, and F contents;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed not only impairing the safety and trust of financial transactions, but also because it may be abused as a means of other crimes, such as transferred cards, etc., and the fact that transferred cards, etc. have been used for actual fraud: The defendant led to the crime of this case and is divided; the defendant has no profit gained by the crime of this case; and the defendant has no record of being punished for the crime of this case; the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime of this case, and all other circumstances, which are the conditions for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the disposition

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