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(영문) 광주지방법원 순천지원 2019.11.26 2019고단2188
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may transfer the means of access.

Nevertheless, at around 11:00 on April 17, 2019, the Defendant transferred the means of access to financial institutions by putting the physical card connected to the B bank account under the name of the Defendant to the needy person and providing the passwords.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on replies, such as details of account transactions and financial transaction information;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The act of lending the means of access on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.

However, the following facts are comprehensively considered: (a) the Defendant’s mistake against the Defendant; (b) there is no same record; (c) there is no other additional crime except for the violation of the Electronic Financial Transactions Act due to the act of lending means of access; (d) the motive and background of the instant crime; (e) the number of means of access transferred; (e) the amount of relevant damage; (e) the circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, family relationship, economic

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