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(영문) 대구지방법원 2017.07.20 2017고단3118
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in electronic financial transactions, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on February 2, 2017, the Defendant: (a) sent a passbook from a person in a false name to a third million won via a telephone; (b) consented to the agreement; (c) on March 2, 2017, at the Defendant’s residence located in Daegu Northern Branch B, the Defendant sent the check card connected to the Defendant’s new bank account (Account Number C) in the name of the Defendant, via Kwikset Co., Ltd., and promised to pay a password, and lent a accessible medium in electronic financial transactions, by promising Kwikset to notify him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on damage to D;

1. Application of Acts and subordinate statutes governing automatic deposit in cash and payment instruments;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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