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(영문) 대구지방법원 서부지원 2018.10.17 2018고단806

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

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, at around 14:30 on December 8, 2017, the Defendant transferred the access media, such as each account number and password of the National Bank Account (B) and the Nong Bank Account (C) related thereto, in the name of the Defendant, to Kwikset service article, on condition that the Defendant would receive five million won loan from a person whose name is unknown, from a person who was unable to know, at least 5 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. To apply a detailed inquiry about transaction details, a copy of a passbook of the National Bank, and a copy of a passbook;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making it possible to abuse transferred cards, etc. as means of other crimes; the card, etc. transferred by the Defendant was used for actual fraud; and the fact that the Defendant transferred the card two pages.

On the other hand, the defendant confessions the crime of this case and is divided, and the benefits derived from the crime of this case are not significant, and the primary crime is the sentencing factors favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.