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(영문) 광주지방법원 장흥지원 2020.06.11 2020고단66
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 became final and conclusive.

Reasons

Punishment of the crime

No one shall transfer any means of electronic financial transactions to any third person unless otherwise specifically provided for in any other Act in using and managing the means of access.

Nevertheless, on November 23, 2019, the Defendant received a proposal from a person without a name, who sent a passbook to obtain a loan, and then transferred the means of access by delivering one physical card linked to the Agricultural Cooperative (D) account in the name of the Defendant to the person with a name, from the C convenience store located in Gangnam-gun, Gangnam-gun, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the transfer transaction details and the statutes governing the transaction details;

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. The act of transferring the means of access to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution needs to be strictly punished as the means of other crimes. The means of access of this case leased by the defendant is also used for the crime of fraud, the defendant recognizes his mistake and reflects himself, the defendant was unable to gain profits due to the crime of this case, the defendant has no like power, and the defendant has no other kind of power, and the conditions of various sentencing as shown in the records and trial process, such as the age, character and conduct, motive and means of the crime, and circumstances after the crime, etc.

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