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(영문) 대구지방법원 서부지원 2016.11.03 2016고단1658

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

No person may, in using and managing the means of access, lend the means of access by transferring the means of access, accepting, demanding or promising any compensation therefor.

Nevertheless, around March 19, 2016, the Defendant, through a mobile phone, sent the means of access to the Defendant’s name-based account through Kwikset Service, with the head of Tong, kwikset Card, and passwords connected with the Defendant’s Daegu Bank Account (B) on the 20th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on remittance confirmation;

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 (the suspended execution of a sentence shall be imposed only once, considering the fact that the defendant committed the crime of this case during the suspended execution period (the crime of this case is revoked after the crime of this case), the punishment for the crime of this case is unlimited, the confession of the crime of this case, the attitude to reflect is visible, and the defendant does not have any previous error);

1. Probation and community service order under Article 62-2 of the Criminal Act;