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(영문) 대구지방법원 서부지원 2018.05.29 2017고단1806

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium in the use and management of such medium.

Nevertheless, on February 15, 2017, the Defendant sent a physical card connected to the post office account (D) under the name of the Defendant on the road of the “C” company located in Daegu-gun, Daegu-gun, on February 15, 2017, to the lower-ranking person via an article of non-cargo cargo delivery, and provided the account number and password of the said account to the lower-ranking person by telephone.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A petition and inquiry, etc. into the details of each period;

1. Application of reply statutes to requests for the provision of financial transaction information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the criminal defendant is against his/her gender, and that the criminal defendant does not have the same criminal record);

1. The community service order under Article 62-2 of the Criminal Act;