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(영문) 대구지방법원 서부지원 2019.02.20 2018고단2825
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

No person shall transfer or acquire a means of access for electronic financial transactions.

Nevertheless, on April 2018, the Defendant received a cell phone from a deceased person’s name, with a communication from a deceased person to the effect that “if a person in charge of material import company is a person in charge of tax reduction, another person’s account needs to send a check, and if the account number and password are notified, he will be paid KRW 20,000 per day of the account.”

On April 14, 2018, around 14:00, the Defendant rendered a means of electronic financial transactions to a name-dissured person by sending a physical check card connected to the D Bank E account under the name of the Defendant through Kwikset Service and informing him of the password by text messages.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as financial transaction information in the DNA bank account under A;

1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts and the choice of imprisonment with labor;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the Defendant, such as the fact that the transferred card, etc. can be abused as a means of another crime as well as impairing the safety and trust of financial transactions, and that the card, etc. transferred by the Defendant was used for the actual fraud.

On the other hand, the sentencing factors favorable to the defendant are the facts that the defendant led to the crime of this case, and there is no significant benefit from the crime of this case, and that there is no record of punishment or punishment exceeding the suspended sentence of imprisonment.

In addition, the defendant's age, character and conduct, environment, motive, background, means and result of the crime.

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