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(영문) 대구지방법원 서부지원 2020.07.21 2019고단2140
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

No person shall transfer the means of access to electronic financial transactions.

On December 2, 2018, the Defendant listened to the statement from a person who was unable to know the name of the first police officer to the effect that “to lend up to KRW 10 million if the Defendant sent a crow card for the confirmation of the deposit of loans and the withdrawal of the loan,” and without securing at all the means of guaranteeing the right to receive the cream card from the same time cream card, the Defendant directly released the Defendant’s house in the name of the Defendant, and informed the said person of the password of the above account’s secret number.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of statutes on the details of confirmation, receipts, and replies of financial transaction information;

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. As the act of transferring a means of access for the reason of sentencing under Article 62(1) of the Criminal Act can be used as a means of electronic financial transactions to impair the security and reliability of electronic financial transactions and other crimes, the crime is not good, and the means of access transferred by the defendant was actually used for the crime of fraud.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the benefit acquired by the crime of this case seems to exist, the fact that there is no record of punishment for the same kind of crime, the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, and the circumstances after the crime, shall be determined as ordered.

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