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(영문) 전주지방법원 군산지원 2019.06.14 2019고단231
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

In using and managing the means of access, no one shall commit any act of transferring the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, around 14:00 on October 12, 2018, the Defendant heard from a person who was unaware of his name that he “on the face of 4 million won per head of 1,000 if he borrowed the e-mail card” and sent the e-mail card to a person who was unaware of his name through Kwikset Service Articles, which is linked to the C (Serial number: D) in the name of the Defendant.

Accordingly, the Defendant promised to receive compensation and transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on account transactions;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that the defendant was punished once due to the crimes, and that only the punishment was imposed once due to the crimes are favorable to the defendant. The crime of this case is that the crime of this case was transferred at the price in electronic financial transactions and the means of access, which is detrimental to the trust in electronic financial transactions and is likely to be used for other criminal acts, requires strict punishment due to high possibility of using the means of access that has been transferred, and the means of access actually transferred by the defendant is deemed to have been used for the crime of Bosing fraud, taking into account the defendant's age and character,

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