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(영문) 대구지방법원 서부지원 2018.10.24 2018고단867

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 became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 30, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daegu District Court, and the judgment became final and conclusive on March 11, 2015.

[Criminal facts] No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless,

1. On December 2014, 2014, the Defendant: (a) from the mutual infinite coffee shop in Seo-gu, Daegu; (b) from B, “it is prohibited from obtaining an account by leaving a bad credit holder; (c) the head of the Tong and the cream card; and (d) without setting the specific method of return, the Defendant directly opened the cream card connected to the new bank account in the name of the Defendant to B; and (d) notified the password.

2. On January 2015, the Defendant: (a) heard the horses from the Seo-gu Scattering bus Terminal in Seo-gu, Daegu Scattering-dong; and (b) hearing the horses from B to request the lending of passbook and e-mail card; and (c) without setting the returned specific method, sent the passbook and e-mail card connected to the Defendant’s bank D account in the name of the Defendant to e-mail by entering the password and sending the passbook and e-mail card to e-mailed bus.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Account transactions;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, summary of investigation results, and application of Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case can be abused as a means of another crime as well as impairing the safety and trust of financial transactions.