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(영문) 광주지방법원 순천지원 2019.10.02 2019고단1564
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 take over, or set up a pledge on, a passbook which is the means of access to electronic financial transactions and a means of access connected thereto, a password necessary to use the passbook, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on January 1, 2017, the Defendant transferred the means of access to electronic financial transactions by delivering physical cards, physical cards, passwords,OTP, and authorized certificates, which are linked to B bank accounts (C) under the Defendant’s name, to the third party before the filing station located in Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Specified financial transaction information;

1. Application of Acts and subordinate statutes concerning transaction details in A name;

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 crime of this case on the grounds of suspended execution under Article 62(1) of the Criminal Act is not deemed to have been delivered with the means of access to the so-called phishing crime or Internet fraud crime, etc., which is disadvantageous to the nature of the crime, such as the defendant's wrongness, circumstances favorable to the defendant, such as the defendant's criminal record, age, family environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as set forth in the disposition shall be determined in light

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