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(영문) 대구지방법원 서부지원 2020.06.19 2019고단3026
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 or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, at around 12:30 on July 31, 2019, the Defendant received a proposal from a person who was unaware of his/her name in the corporate bank parking lot located in the Daegu-gun Seo-si, stating, “The Defendant sent a physical card to pay the principal and interest because he/she would cause the loan,” and then transferred the means of access under the Electronic Financial Transactions Act by delivering it to the person who was unaware of his/her name through one physical card connected with the account of community credit cooperatives (B) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (as to attachment of response to the provision of financial transaction information);

1. Details of transfer and application of new Acts and subordinate statutes on financial transaction information;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act that the defendant repents and reflects his mistake, and there is no benefit from the crime in this case

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