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(영문) 대구지방법원 서부지원 2018.08.17 2017고단3012

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 transfer or take over any access medium or lend or take over such an access medium in return for payment.

Nevertheless, on January 2017, the Defendant received a proposal from a person without a name, who is willing to pay KRW 500,000 per month when sending a physical card to the front post office of Yongsan-gu, Daegu-gu. 1, 2017, and sent a copy of the physical card connected to the accounts of the Saemaul Treasury (B) in the name of the Defendant.

was issued.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions and transfer 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. Since the act of transferring the media access to the grounds for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, it is necessary to strictly punish the Defendant, taking into account the following: (a) the Defendant, in 2014, received a summary order of KRW 500,00 as a crime of violating the same Electronic Financial Transactions Act, and again repeated the instant crime even after having been given a summary order of KRW 500,00,000,

However, in light of the fact that the defendant's mistake is recognized and reflected, and the defendant does not repeat again while committing a crime, the defendant does not have been sentenced to imprisonment or heavier punishment, and all the circumstances, such as the fact that there is no punishment, circumstances of the crime, and records of the crime, etc.,