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(영문) 대구지방법원 김천지원 2015.12.17 2015고단1339

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, on June 15, 2015, the Defendant received a communication from a person whose name is unknown to deliver KRW 300,000 per account if he/she lends an account with respect to the income of a petroleum company, and at around 14:00 on the same day, the Defendant sent the physical card of the national bank account (Account Number:B) and the physical card of the new bank account (Account Number:C) to the passenger bank account in the name of the Defendant at the bus terminal located in the Gu-si, Si-si, Gu-si, Gu-si, and transferred the means of access by means of informing each of the passwords of the above accounts via telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes to screen the details of account transactions (investigative records, page 41), details of account transactions with A national bank, and withdrawal of CCTV at the entrance;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be punished strictly, taking into account the amount of damage caused by fraud, criminal punishment power of the defendant, etc. However, there is no previous charge; the other party’s intent at the time of committing the crime; the other party’s end at the time of acquisition; the next day as soon as the other party reported to the police station and requested the suspension of account; the other party’s request for

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;