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(영문) 대구지방법원 2018.04.26 2018고단1129
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on December 2017, the Defendant lent 200 to 300,000 won per share of 1,000 to 200 to 200,000 won per share of 1, 200 to 200 to 300,000 won.

“In receipt of the proposal and acceptance of it,” the same month

5. Around 16:33 At the place of business in Gyeongsan-si, Gyeongsan transferred a physical card connected to the No.C. (E) of the Defendant’s name by delivering a copy of the physical card to the party in whose name the Defendant had been named.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on financial data of the Agricultural Cooperative Account under A;

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. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are against the mistake.

There is no power of the defendant and there is no profit acquired by the defendant.

0 Unfavorable circumstances: The instant crime is highly likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions, so serious punishment is required.

In fact, the physical card transferred by the defendant was used for the phishing crime, and the victim occurred.

0 Other circumstances such as the defendant's age, sex, family relationship, records of crime, circumstances of this case, and the future progress.

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