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(영문) 광주지방법원 순천지원 2019.08.22 2019고단806
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, 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 one shall transfer, receive, request or promise any means of access, such as a user number, electronic card or other similar information registered with a financial company, etc. used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and a password necessary for using such means of access.

On January 16, 2019, when sending a e-mail card from one name B, which he/she became aware of via mobile phone advertising text, the Defendant received a proposal that he/she will accumulate false transaction performance and then offer loans. On January 21, 2019, the Defendant sent two copies of the e-mail card to B, which is linked to the two bank accounts (E, F) opened in the name of the Defendant through Kwikset Service, at the Defendant’s office located in Makwikset City, and sent two copies of the e-mail card to B on January 22, 2019.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of deposit transactions, details of account transactions, and written confirmation of transfer results;

1. Application of the Acts and subordinate statutes on G dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentence like the order shall be determined by comprehensively taking account of the following factors: the Defendant’s criminal records on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the nature of the instant crime, whether the instant crime occurred, the details of the Defendant’s behavior, the Defendant’s serious reflectivity, and the Defendant’s career, etc.

It is so decided as per Disposition for the above reasons.

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