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(영문) 광주지방법원 2020.04.17 2020고단26
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

In using and managing a means of access under the Electronic Financial Transactions Act, no person may transfer or acquire the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 19, 2019, the Defendant heard the statement that “a loan may be made at low interest. To obtain a loan, the details of transactions and physical cards shall be sent for three months,” and around the 21st day of the same month, through Kwikset Service article, sent by the winners of name in the old world located in the Southern-gu White Movement, Nam-gu, Gwangju, through Kwikset Service article, one check connected to the account in the name of the Defendant (B) and one check card connected to the account in the name of the Defendant and the Gwangju Bank (C).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning transfer transaction certificate and Kakao Stockholm dialogue content;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The transfer of the means of access means to a disadvantage: there are many cases where it is used as a means of other crimes, such as Bosing, etc.; circumstances in which the deposit account offered by the defendant actually used for Bosing and causing damage: The defendant recognized and reflects the crime; there is no evidence to prove that the account of the financial institution that the defendant transferred to a person under whose name was not the victim at the time of the crime in this case was used for Bosing; and there is no evidence to prove that the defendant had to know that the account was used for Bosing;

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