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(영문) 대구지방법원 2017.09.01 2017고단3129

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 provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On January 16, 2017, the Defendant would offer 5% of the withdrawn amount when sending an account to be used by private soil enterprises at a bus terminal located in Daegu-gu, Daegu-gu.

“The Account Number: the Daegu Bank Account in the name of the Defendant (Account Number: 1 C C C C) was transferred as bus freight.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as data on account statements in Daegu Bank Account under A;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act not only harms the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the cream card lent by the Defendant was actually used for the singishing fraud, it is necessary to punish the Defendant strictly.

However, it is against the defendant's wrong and there is no record of criminal punishment, the fact that the defendant seems to have no profit from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act shall be comprehensively considered to determine the punishment like the order.