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(영문) 대구지방법원 2015.12.15 2015고단5726

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer or acquire any means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., or set such means of access as a pledge in an electronic financial transaction.

Nevertheless, on August 1, 2015, the Defendant issued a bank account (Account Number:D) in the name of the Defendant and transferred the means of access in electronic financial transactions to the account holder under the name of the Defendant on the condition that he/she would receive one million won in front of the convenience store in Daegu Dong-gu, Daegu-gu, under the condition that he/she would receive one million won in front of the convenience store in B, and that he/she would receive one million won in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Warrant, reply (transaction details, etc.) (1st page of investigation records), details of transactions (1st page of investigation records) (563st page of investigation records);

1. Application of Acts and subordinate statutes to data (i.e., one right to investigation records) by cutting down a true statement, written statement, written statement of payment, and written form exchanged on a website;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The reason for sentencing is reflectivity, absence of the same kind of record - The transfer of the means of access for electronic financial transactions is not only prejudicial to the safety and reliability of electronic financial transactions, but also considerable adverse effects on society, such as the mass production of a large number of victims used for crimes such as telephone, financial fraud, etc. - Other factors for sentencing specified in the records of this case, including Defendant’s age, character and conduct, health and health conditions, home environment, motive, means, consequence