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(영문) 대구지방법원 서부지원 2018.12.12 2018고단1574

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

No person shall transfer any medium access to electronic financial transactions.

On January 9, 2018, the Defendant would lend KRW 10 million at a low interest rate without providing any security if he/she sent a physical card and password by telephone from a person whose name is unknown.

"" listening to horses and without securing the method of ensuring the return of the cream card on the same day, the Kwikset Service Articles who are unable to know their names on the roads in the Seo-gu, Daegu-gu, and informed Kwikset Service Articles of this chapter, one copy connected to the post office account (D) in the name of the defendant, and the identification number.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Verification of transaction details, etc., the provision of financial transaction information, personal information, and the application of statutes regarding financial transaction details;

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. 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 a means of other crimes, and the fact that the cards, etc. transferred by the Defendant were used for the actual fraud.

On the other hand, the fact that the defendant led to the crime of this case, and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment for the crime of this case, etc. are factors for sentencing 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.