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(영문) 대구지방법원 서부지원 2020.06.04 2019고단2650
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 August 8, 2019, the Defendant received a proposal from a person who was unable to know his name as Swikset’s name to the effect that “the Defendant sent a check-up card to lend a loan on several occasions,” and consented thereto, and without securing at all the means of guaranteeing the right to receive a temporary light-line card, sent the check-up card in the name of the Defendant to a person whose name cannot be known through Kwikset Service’s article.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A certificate of deposit, application of the Acts and subordinate statutes on 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 punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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