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(영문) 대구지방법원 2017.10.12 2017고단3884
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on May 30, 2017, the Defendant received a proposal from a person without his name to “a third person’s account is required to save liquor tax, and will offer three million won per month from the bank account.” On June 1, 2017, the Defendant sent one check card connected to the post office account (Account Number D) in the name of the Defendant at around 11:00, and lent a medium of access to electronic financial transactions while promising compensation by informing Kwikset of the password’s name and informing of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer to the bank account of the Republic of Korea, and the application of the Act and subordinate statutes on Financial Transaction Information (U.S.C.) to the Kakao Stockholm message

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, the selection of imprisonment with prison labor;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act - Unfavorable circumstances: The act of lending an access medium, such as the Defendant’s act of committing the instant crime, undermining the general public’s confidence in the name of financial transaction, and enabling so-called “singing,” etc. The Defendant’s act of lending an access medium constitutes a crime; the Defendant’s act of using the access medium was actually used for the actual crime; the Defendant’s act of causing considerable damage: there was no record of punishment for the same kind of crime; and the Defendant’s act was committed late and reflects the Defendant’s age, sexual behavior, family and support relationship; the Defendant’s motive for the instant crime; and the circumstances after the instant crime, etc.; and the sentence is ordered as set forth in the Disposition.

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