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(영문) 대구지방법원 서부지원 2018.12.18 2018고단1445
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

No person shall transfer or take over any access medium in using and managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on March 19, 2018, the Defendant: (a) received a proposal from a non-personally named post office of 273, the Daegu-gu, Seo-gu, Daegu-gu, 2018, stating that “When sending a e-mail card, the Defendant would have borrowed the e-mail card by accumulating the transaction performance; and (b) delivered one copy of the e-mail card connected to the SC bank account (B) in the name of the Defendant, and transferred the e-mail access media under the Electronic Financial Transactions Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of one copy of the details of transfer and account transactions;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. In full view of all the circumstances such as the transfer of a media access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, it may be abused as a means of other crimes, and thus, should be strictly punished; the account of this case where the Defendant transferred access media was actually used for other crimes; on the other hand, the Defendant did not repeat again while recognizing and opposing the error; there is no criminal conviction for the same kind of crime; the economic situation is difficult; the process of the crime; the history of the crime; the prosecution’s criminal history; and the prosecutor’s penal punishment (two years during the suspended sentence of six months).

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