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(영문) 대구지방법원 2016.02.16 2015고단6344

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 transfer, acquire, or set up any access medium, such as an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

Nevertheless, on September 12, 2015, the Defendant would offer a 500,000 won per each page of the head of the Tong-gu, Daegu dong-gu, and the head of the Tong to be used for Bosing the Mesing in the Mesing in the Mesing in the Mesing in the Mesing Mes.

Upon receipt of the proposal, around 01:00 on September 14, 2015, Kwikset Service Board sent by B from the Defendant’s home located in Daegu Suwon-gu C 205, to the Defendant’s bank account (Account Number: D) in the name of the Defendant, and transferred the passbook and check card in the electronic financial transaction by notifying the password.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the transfer statement and transaction statement;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The transfer of access media for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is not only prejudicial to the reliability of the safety performance of electronic financial transactions, but also has an adverse effect on society by massing a large number of victims used in crimes such as telephone, finance, fraud, etc.

However, there is no record that the defendant has been punished for the same kind of crime, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the reason for various kinds of sentencing shown in the arguments in this case, such as the circumstances after the crime, etc., shall be determined in accordance with the order.