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(영문) 창원지방법원 2020.04.23 2019고단3510
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

On July 17, 2019, the Defendant sent a physical card to be used for the payment of principal and interest of loan from a person who misrepresented as a borrower at a non-sckman's non-sceptic place, and consented to the lending of KRW 3 million, and around March 17, 2019, the Defendant sent a physical card to the above non-sckseter through Kwikset Service Articles connected to the C bank account (D) in the Defendant's home located in Kim Yong-Nam Kim-hae, and transferred the means of access by informing Kwikseter of the password’s password through the message.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of damage from E;

1. Application of Acts and subordinate statutes governing credit for account transfer in the name of C Bank A;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment (Optional to Imprisonment);

1. The crime, such as this case’s reason for sentencing under Article 62(1) of the Criminal Act, does not mean that the Defendant’s responsibility is somewhat weak in view of the following: (a) considering the fact that the means of access transferred is abused for financial fraud crimes; and (b) the fact that the means of access transferred by the Defendant is actually used for financial fraud crimes:

However, the fact that the defendant recognized the crime of this case and opposed to it, and that the defendant also caused the crime of this case to be harshly committed against the financial fraud offender for the purpose of obtaining a loan is the circumstances favorable to the defendant.

In addition to the above circumstances, the Defendant’s age, occupation, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, and all of the sentencing factors shown in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.

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