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(영문) 대구지방법원 서부지원 2018.11.02 2018고단1142
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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 provided for in other Acts, no person shall transfer the access medium in using and managing the access medium.

Nevertheless, on October 30, 2017, the Defendant transferred a new bank account (D) account number in the name of the Defendant on the condition that the Defendant borrowed 50,000 won loan interest per one million won from a person in a name in the name of the Defendant, and a copy of the physical card related thereto, to the designated delivery officer, and the password of the said account transfer the access medium by informing the person in a name of the telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement of remittance, and the application of Acts and subordinate statutes governing the receipt of non-cargo after receipt;

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, including the fact that the act of transferring a media access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes, a strict punishment should be imposed. The account of this case where the Defendant transferred access media was actually used for other crimes; on the other hand, the Defendant’s act of not re-offending while recognizing and opposing his mistake; the economic situation is difficult; there is no criminal conviction for the same kind of crime and no criminal record exceeding the fine; the circumstances leading up to the crime; and the record of the crime (a large number of criminal records).

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