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(영문) 서울중앙지방법원 2020.06.10 2020고단935
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in any other Act, no one shall transfer the means of access to electronic financial transactions.

Nevertheless, on October 2, 2019, the Defendant received a proposal to the effect that “to lend a physical card to a third party” from a person who was unaware of the name, and then sent the physical card connected to the Defendant’s account in the name of the Defendant from the “Gangnam Bus Terminal” located in the Seocho-gu Seoul New Distribution Complex (Distribution dong) located in Seocho-gu Seoul, Seocho-gu, Seoul, to the “Dong Daegu Terminal” designated in advance by the person who was unaware of the name by using a high-speed bus bus service, and notified the person who was unaware of the name of the deceased.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of remittance certificates and transaction details-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] 1 month to 3 years [the decision of punishment] , 1 year to 3 years [the crime in violation of the Electronic Financial Transactions Act] , 1 year [the case where there are special grounds for special consideration in the crime committed or motive for committing a crime ] , 1 year to 3 years [the case where there is no actual amount of profit, or where there is no actual amount of profit or minor amount of profit, 1 month to 6 months to 3 months [the scope of recommending punishment] 1 month to 6 months [the case where there are special grounds for suspension of execution] where there are reasons for special consideration in the commission of a crime or motive for committing a crime (the reason for mitigation of punishment ] , where there is no criminal conviction above the suspension of execution, where there is no actual amount of profit, or there is no criminal conviction above the actual amount of profit, social relation, serious reflect, and general reflect [the reason for suspension of sentence] 6 months.

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