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(영문) 대구지방법원 2018.04.13 2018고단770

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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On December 18, 2017, at the Daegu Metropolitan City around 09:30, the Defendant received communication and consented to “3 million won per page account on the lease of the e-mail card and account,” and leased the access media in electronic financial transactions by sending Kwikset two copies of the e-mail card connected to the e-mail’s account (B) and the e-mail’s account (C) around 13:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion;

1. Police seizure records and list of seizure;

1. Provision of each financial transaction information, customer information, inquiry into customer information, inquiry into personal information of customers, details of domestic or overseas approval of transactions, certificates of deposit transactions, details of account transactions in agricultural banks, and application of statutes on account transactions in Korean banks;

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 imprisonment with prison labor chosen;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is committed in the following circumstances: (a) the Defendant’s crime of this case is committed in a large number of unspecified victims; and (b) the provision of so-called singinginging crimes, etc. with a large social disorder that disturbs financial order; and (c)

It is advantageous to the fact that there is no criminal punishment against the defendant, that the defendant seems to have no profit acquired by the crime of this case, and that the defendant is against himself.