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(영문) 대구지방법원 서부지원 2019.10.01 2018고단3461

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 of "2018 Highest 3461" shall transfer the means of access to electronic financial transactions.

On July 2018, the Defendant offered a proposal that “if he/she lends the passbook, he/she will offer KRW 1 million per unit, and three million if he/she uses it for three days.” On July 2018, the Defendant did not secure at all the means of ensuring that he/she can receive the check from a police officer during his/her use for three days. On the roads of the office in the name-free post office located in the Daegu Seo-gu Newdong-gu, Daegu-gu, without securing the means of guaranteeing that he/she can receive the check from a police officer in the name-free post office (C), one check card connected to B bank account in the name of the Defendant, and notified the password of the check card.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

around 16:23 on May 31, 2019, the Defendant found the victim F at the event of the D apartment E-dong D apartment E-dong, Daegu-gu, Daegu-gu, and found the victim F at the same time.

The defendant, using the gap of thefting and drinking and surveillance neglected, 10,000 won of the market price, 4,20,000 won of cash contained in the wall, 1 copy, 2 copy of G Bank passbook, H card, 1 copy of G Bank Cze Card, 1 copy of corporate bank Cze Card, 1 copy of G Bank Security Card, 1 copy of G Bank Security Card, and 1 copy of roto lottery.

Accordingly, the Defendant stolen the cash and walling equivalent to the total amount of 4.31 million won in the market price.

Summary of Evidence

"2018 Highest 3461"

1. Defendant's legal statement;

1. Statement to J police officers;

1. B Bank's response data "2019 Highest 1756";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of taken over;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act that choose a sentence, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The crime with respect to the means of access with the reason for sentencing under Article 62(1) of the Criminal Act is another means of crime.