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(영문) 대구지방법원 서부지원 2019.08.30 2019고단25
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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 the means of access to electronic financial transactions.

At around 18:55 on October 10, 2018, the Defendant listened to the purport that “the Defendant would provide loans to KRW 60,000,000,000 by accumulating transaction records,” and did not secure the guarantee method for receiving the check from around 15:00 on October 15, 2018, the Defendant sent the check card in the name of the Defendant’s bank account (E) to Kwikset Service Articles, through Kwikset Service Articles, and notified the password of the above account via telephone.

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 details of transactions and Acts and subordinate statutes governing the provision of financial transaction information;

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. Considering the fact that the crime with respect to the means of access with the reason for sentencing under Article 62(1) of the Criminal Act can be abused as the means of other crimes, and that the account in this case was actually used for other crimes, it is necessary to strictly punish the Defendant.

Meanwhile, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, it is difficult to conduct economic circumstances, the fact that there are no criminal records of the same kind, and the fact that there are two times the previous criminal records of the fine of the same kind, and the circumstances after the crime, the prosecutor’s punishment (six months of imprisonment) is determined as ordered.

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