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(영문) 대구지방법원 2017.09.07 2017고단732

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend money by requiring or promising to give instructions for transactions in electronic financial transactions or to use or manage any electronic card or other similar electronic information and a password necessary for using such card in order to secure the authenticity and accuracy of users and the details of such transactions.

Nevertheless, the defendant from the end of April 2016 to the same year.

5. On the street in front of 26, 11-ro, Daegu East-gu, Daegu-ro, Daegu-ro, 11-ro, 26 (SOSS apartment) between the first police officer, to lend a 30 million won loan by sending a e-mail card to the first police officer and informing him of his identification number.

“I hear the word “,” and sent to the name in secret using Kwikset Service, a physical card connected to the National Bank Account (B) in the name of the Defendant.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for verification of transfer of another operation account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.

In light of the fact that the crime of this case was committed at a disadvantage, not only impairing the safety and trust of financial transactions, but also transferred access media may be abused as a means of another crime, and that the access media transferred by the Defendant was used for actual fraud, the Defendant is extremely strict.