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(영문) 대구지방법원 서부지원 2017.03.17 2016고단2108

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

In 2014, the Defendant: (a) received a call from a person whose name is unknown at the Kwikset that “If the head of the Tong transfers the head of the Tong to the extent that it is necessary to reduce liquor tax, 10% of the profit amount will be included in the head of the Tong; and (b) transferred the physical card and password connected to the bank account (C) and the national bank account (D) of the name of the Defendant through Kwikset Service, and transferred the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to confirm transfer transactions, inquire about personal information of customers, certificates of deposit transaction records, and details of deposit and withdrawal;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)