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(영문) 대구지방법원 2019.02.21 2018고단6045
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 2017, the Defendant received the proposal that “The Defendant would pay 7 to 100,000 won per day from the bank account in the name of the juristic person after opening the corporate name account,” and accepted it. At that time, the Defendant sent the passbook, check card, andOTP connected to the D Bank account in the name of the State (E) in Gangnam-gu Seoul Metropolitan City.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Data to take a course in a conversation submitted by suspect F;

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of transferring the means of access to electronic financial transactions is serious harm caused by such act, as facilitating other crimes such as telephone financial fraud, etc.; the actual defendant is using the means of access to fraud; circumstances favorable to the fact that the defendant has been punished several times: confessions and reflects; the defendant's age, character, character, environment, family relationship; the motive and consequence of the crime; and other circumstances shown in the arguments of this case, such as the defendant's age, character, behavior, family relationship; circumstances after the crime, etc., shall be determined as per the order.

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