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(영문) 광주지방법원장흥지원 2020.10.22 2020고단173
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 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 May 4, 2020, the Defendant received a proposal from a person without a name, who sent a passbook on the condition that the Defendant would get a loan, and accepted it. On May 4, 2020, the Defendant transferred the means of access by delivering one physical card in connection with B bank account in the name of the Defendant through a house from the small-scale post office located in the name of the Defendant through the house from the small-scale office located in the 60-ro, Chungcheongnam-gun, Gangnam-gun, Jin-

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of the Acts and subordinate statutes on banking 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 act of transferring the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as the means of other crimes. The means of access to this case transferred by the defendant is also used for the crime of fraud, the defendant's mistake and reflects himself/herself, 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, including the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, etc.

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