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(영문) 수원지방법원 안산지원 2019.11.22 2019고단3327
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 became final and conclusive.

Reasons

Punishment of the crime

No person may transfer any means of access to a financial institution to another person or lend any means of access in return.

Nevertheless, on April 11, 2019, the Defendant promised to provide a loan after checking whether it would be up to and up to the limit if he sent the physical card through B from the person who was not the party in charge of his name. On April 11, 2019, the Defendant transferred the means of access to financial institutions by delivering the physical card connected with the Defendant’s new bank account (Account Number: C) and one copy of the physical card connected with the Defendant’s bank account (Account Number: D) through Kwikset service article through the Kwikset service article.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. E’s written petition;

1. Application of Acts and subordinate statutes on warrant correspondence 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The transfer of the means of access means not only undermines the stability of electronic financial transactions and trust, but also provides the means of other crimes, such as Bosing, etc., and thus requires strict punishment due to serious social harm. The means of access actually transferred by the Defendant is used for the crime of Bosing, and even if the Defendant was suspended indictment for the same kind of crime in 2016, he/she actually committed the crime in this case: the Defendant recognized the crime; the Defendant has no record of criminal punishment; the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc.; and the Defendant’s punishment is determined as ordered by taking account of various sentencing conditions as shown in the trial process and records.

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