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(영문) 대구지방법원 2017.02.02 2016고단6096

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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant, through a mobile phone text message and Kakakao Stockholm message from a person without a name (one-time called “CmD”) on March 21, 2016, sent the 3.5 million won on the fifth day on the face of a week, and five million won on the second week on the face of a week.

“The proposal was made”.

Accordingly, on March 22, 2016, the Defendant entered into an agreement on the lending of a check with the non-name card in front of the office of the Defendant located in the Daegu Dong-gu building. On the same day, in accordance with the order of the Defendant’s bank account (F) that was opened and managed by the Defendant, the Defendant sent to Kwikset Service Articles who found one head of Kwikset Service in connection with the Defendant’s bank account (F) that was opened and managed by the Defendant. On March 23, 2016, when the amount of three million won transferred by G to the above account due to the non-name of the person who suffered from telephone financing fraud was deposited into the above account on March 24, 2016, said amount shall be deemed as the lending fee, and KRW 10,000 won was withdrawn in cash on March 24, 2016, and around 18:56 on the same day, the remainder of 290,000 won was transferred to the account in the name of the Defendant.

Therefore, the Defendant received the price in spite of the absence of special provisions in other laws, and lent one copy of the electronic e-mail card, which is an access medium used to give transaction instructions in electronic financial transactions.

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 to a copy of a bankbook of Korea bank, agreement on lending postal cards, detailed statement of transactions, certificate of deposit transaction performance, statement of deposit transaction, details of transaction by account, and details of transaction by account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is the case where the defendant received at will the money deposited by the victim of telephone financial fraud in return for the payment of three million won or more after transferring the accessible medium.