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(영문) 대구지방법원 2017.04.13 2017고단493

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

The defendant is a person who sells cosmetic products with the trade name of "B".

No person shall borrow, borrow, or store, deliver or distribute access media while giving, taking over, receiving, demanding or promising access media, or keep, deliver or distribute such access media, or lease, store, deliver or distribute such access media with the knowledge that it will be used for a crime, purpose of using it, or use it for a crime.

Nevertheless, on November 8, 2016, from around 17:30 to around 18:00, the Defendant was promised from a person who misrepresented himself in front of the D building located in Daegu-gu Dong-gu, Daegu-gu, to “if the head of a Tong is opened and sent, he will give KRW 2 million per unit,” and transferred cash cards and passwords connected to two accounts in Daegu-gu bank through Kwikset services to the nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Written complaints filed by I and J;

1. Verification of transaction details, verification of transaction details, (G), each investigation report (Attachment of a through-site transaction statement), transaction details, transaction details, and transaction details (H) application of statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The account transferred by the Defendant was used for the crime of Bosing, and the victims occurred.

The favorable circumstances: The defendant does not have the same power, and confession and reflects the crime.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.