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(영문) 광주지방법원 순천지원 2019.03.29 2018고단2444
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 one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, on August 20, 2018, the Defendant borrowed one copy of Cbank Cbank Card, linked to the Defendant’s account (Account Number: D) in front of the Defendant’s home located in Mineyang-si B, through Kwikset Service Articles, to the effect that “The Defendant is a liquor company, and will offer 15% of the deposit amount per week.” In addition, the Defendant borrowed one copy of Cbank Card, which is linked to the Defendant’s account (Account Number: D) in front of the Defendant’s home located in Mineyang-si, from his name beneficiary.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Application of the electronic financial remittance certificate, receipt for transfer from an account, the details ofF dialogue, and the details of passbook transactions Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The sentencing reasons under the main sentence of Article 62(1) of the Criminal Act are as follows: (a) unfavorable circumstances, such as the fact that the means of access lent by the defendant was used for the crime of Bophishing fraud; (b) circumstances favorable to the defendant, such as the fact that the defendant was unable to obtain profit from the crime of this case; and (c) circumstances favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake; and (d) other conditions of sentencing

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