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(영문) 수원지방법원 안산지원 2020.05.20 2019고단3636
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 to any financial institution to another person or lend the means of access in return.

Nevertheless, on June 5, 2019, the Defendant listened to the speech that he should send a physical card to him for a loan from a deceased person while he was aware of his personal loan through the Internet, and on June 5, 2019, around 12:30, he transferred the means of access to a financial institution by delivering a physical card to the deceased person via an article of Kwikset in the name of the Defendant, which is linked to the account B (Account Number C) in the name of the Defendant, in front of the ordinary sports center located in Ansan-si around 12:30 on June 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of replies to requests for 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

D. Unfavorable circumstances: The Defendant committed the instant crime even before the same suspended sentence, and under the favorable circumstances that the means of access transferred by the Defendant was used for electronic financial fraud: The Defendant recognized his mistake.

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