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(영문) 광주지방법원 장흥지원 2020.02.13 2019고단288
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 the means of access, no one shall transfer the means of access unless otherwise provided for in other Acts.

Nevertheless, the Defendant received a proposal to send the physical card necessary for raising credit rating from a nameless person who assumes the position of Bbank staff, and accepted it on June 2019, the Defendant sent the physical card to the nameless person, which was linked to the D Bank Account (E) and F Bank Account (G) account in front of the Gangnam-gun, Gangnam-gun, Seoul.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on financial transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (5) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The act of transferring or lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished because it can be used as a means of other crimes. The means of access to this case that the defendant lent by him is used as a means of fraud, the defendant recognizes his mistake and reflects against himself, the defendant was unable to obtain profits due to the crime of this case, the defendant was an initial offender who has no same kind of power, and the defendant was a primary offender who has no same kind of power, and other various sentencing conditions specified in the records and trial process, such as the defendant's age, character and behavior, motive and means of crime, and circumstances after crime

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