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(영문) 대구지방법원 서부지원 2017.01.20 2016고단2402

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2016, the Defendant was sent a telephone call to the effect that “In the event that the Defendant opened a passbook and provided a password and notified of the password, etc., he/she would enhance credit by raising the transaction performance and increase credit, and would provide a loan of KRW 10 million.”

The Defendant, on the road of the “Tgu Merchant Dong Office,” located on the road of the Seogu Daegu-gu, Daegu-gu, sent each electronic financial transaction access medium, such as a corporate bank B account under the name of the Defendant, corporate bank C account, one bank D account, and each physical card connected to the new bank E account, to Kwikset service, and sent the passwords of the said account to the name in a way of informing him of the password by telephone.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes, such as details of transactions by account, replys to financial transaction information, and copy of bankbooks;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;