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(영문) 대구지방법원 2018.05.25 2018고단1268

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing an electronic card or similar electronic information, certificate, password, and other access media used in electronic financial transactions, no person shall borrow or lend access media, or store, deliver, or distribute it with the knowledge that it will be used for a crime or to be used for such crime, unless otherwise provided for in any other Act. On November 29, 2016, the Defendant: (a) heard the phrase “5% of the money deposited in an account from a branch in the north-gu Seoul Metropolitan City (Seoul Metropolitan City)” from the branch; (b) around that time, the Defendant sent the access media in the electronic financial transactions with the knowledge that the account of the national bank in the name of the Defendant (D) would be used in an unlawful manner in the middle-gu Seoul Metropolitan City (Seoul Metropolitan City) by directly reporting that the personal bank account in the name of the Defendant would be used in an unlawful manner.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the details of transfer, and details of deposit and withdrawal transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is abused as a means of crime, such as singinging, etc., as well as impairing the safety and trust of financial transactions. In light of the fact that the cream card delivered by the Defendant was used for the actual crime of fraud, it is necessary to strictly punish the Defendant.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, reflects the defendant's wrong, there is no record of the same type of punishment, the fact that the defendant seems to have no profit from the crime of this case, and the defendant's age and sexual conduct, shall be determined like the order.