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(영문) 대구지방법원 포항지원 2017.06.07 2017고단370

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

No person shall give a direction of transaction in electronic financial transactions while promising to receive any consideration, or lend any access medium used to guarantee the authenticity and accuracy of users and the details of such transaction.

1. On January 10, 2017, the Defendant committed the crime of January 10, 2017, at the Songdo post office located in Songdo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, in return for lending the account, received KRW 800,000 per day per account, and sent a copy of the e-mail card in the Defendant’s name-based one bank account (B) via the program to the name-oriented person, and notified the password by telephone.

As a result, the defendant promised to receive compensation, and lent the above account access media.

2. On January 11, 2017, the Defendant: (a) received KRW 800,000 per day from another account in return for lending the account; (b) sent a physical card of the Postal Account (E) in the name of the suspect’s name through Kwikset Service; and (c) sent one e-mail card of the Postal Account (F) in the name of the suspect’s name and one e-mail card to the Daegu Bank (F) by telephone, and notified the password of each of the above accounts by telephone.

As a result, the Defendant promised to receive compensation, and used each of the above accounts' access media for each of the above accounts respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on transaction details, financial transaction information, and account transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and the circumstances after the commission of the crime.

Unfavorable circumstances: The defendant has been repeatedly committed and the defendant has been provided.