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(영문) 대구지방법원 안동지원 2016.09.23 2016고단554
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card or other means of access, such as a password, necessary for electronic information, shall be transferred or acquired in electronic financial transactions.

Nevertheless, around May 19, 2016, the Defendant lent an account used for the business related to the game item at the website of the “Internet”, the Defendant: (a) sent 100,000 won per day with a notice that he/she wants to contact an unqualified person and receive 100,000 won per one account from his/her nameless person; and (b) around that time, he/she transferred 2 physical card cards that are linked to the one bank account (C) and the new bank account (D) in front of the Gyeonggi-do junior college in which he/she permanently resides, via Kwikset service article, and transferred the access media to the non-personal person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on damage to E;

1. A written statement;

1. The document of F;

1. Each report on internal investigation:

1. Search and seizure inspection warrant and reply;

1. Inquiries into the financial property transaction status and the application of each banking transaction application statute;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act (the attraction of 100,000 won to a workhouse for a period converted into one day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (a suspended sentence: a fine of three million won) of the suspended sentence is as follows: (a) the fact that the instant crime is ultimately linked to the property crime using the access medium that is ultimately transferred, causing actual damage is disadvantageous to the Defendant.

However, the circumstances that are favorable to the defendant, such as the fact that the defendant was the first offender, the confession of all of the crimes in this case, and the fact that the defendant is a juvenile, are considered, and other circumstances that are shown in the arguments and records of this case, such as the character, conduct, environment, and circumstances after the crime.

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