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(영문) 대구지방법원 2018.06.29 2018고단1688

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 acquire any access medium issued by a financial institution or electronic financial business entity for electronic financial transactions.

Nevertheless, the Defendant, on December 2017, paid KRW 3 million per 1,000,000 per unit, when he transferred a cream card to be used in the gold accounts from a person who assumes a false name and assumes an operator of the horse-based site on the Habnman on December 2017.

“On December 26, 2017, at around 16:00, Daldong-gu, Daldong-gun, one head of the physical card linked to the Defendant’s name bank account (B) was transferred through Kwikkset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a certificate of results of the transfer of damage);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive and circumstance after the crime, etc. are determined as ordered in consideration of the following: (a) the access media that the Defendant transferred for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is used in the singing crime; (b) the Defendant reflects the fact that the Defendant was punished for the same kind of crime; and (c) the Defendant