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(영문) 대구지방법원 서부지원 2017.11.28 2017고단946
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 or subordinate statute, no person shall transfer or acquire any medium access to electronic financial transactions to or from any third party.

Nevertheless, on February 2016, the Defendant sent an advertisement to the Internet site stating that “to have him/her work at the sports Saturday office,” and he/she heard the phrase “to have him/her receive monthly salary of two million won per month from a person who is in the name of him/her by posting a telephone with the phone number inserted in the advertisement, so that he/she may create and send a passbook.”

On February 16, 2016, the Defendant sent the above account passbook, cash card, and security card, which entered the password of the NongHyup account (D) in the name of the Defendant at the convenience store B in Daegu-gun, 2016.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of E, F, G, H, I, and J;

1. A certificate of transfer confirmation, each transfer receipt, details of each account transaction, and a detailed statement of transfer;

1. Internet bulletin, posted information, and content of each bulletin posted;

1. The content of each text message, the Kakao Stockholm message content, and the application of each e-mail statute;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is in his depth and has no record of punishment exceeding the same kind of criminal record or fine);

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