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(영문) 대구지방법원 서부지원 2018.10.31 2017고단3076

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions in using or managing such medium.

Nevertheless, around 14:00 on August 23, 2017, the Defendant sent the name in front of Daegu-gun District Court C, via Kwikset Service Articles, which sent the name in front of the Daegu-gun, to the above name in the name in the name of the Defendant, and sent a box containing a physical card and a password connected to the post office account (D) under the name of the Defendant.

Accordingly, the defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of reply statutes to requests for the provision of financial transaction information;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant committed the instant crime even though he had had the record of suspending indictment more than two times for the same crime; the Defendant used part of the amount of damage deposited into the instant account; on the other hand, the Defendant is against the time of the instant crime; the Defendant’s violation is committed; the Defendant has no record of committing the crime exceeding the fine; and other circumstances shown in the instant argument are considered.