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(영문) 대구지방법원 2018.04.26 2018고단467
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.

On November 30, 2017, the Defendant: (a) received the word “50 days’ money cell B Stockholm on a day”; (b) contacted the Defendant into Stockholm to transfer the account number, password, official stamp, etc.; and (c) around December 2, 201 of the same year, on December 3, 2017, notified the Defendant’s corporate bank account (Account Number: C) and the National Bank Account (Account Number: D) of each passbook’s photograph and password, and sent around the 5th day of the same month the Defendant’s official certificate under the name of the Defendant to the non-resident.

Accordingly, the defendant transferred access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of confirmation of remittance of another operation;

1. Application of Acts and subordinate statutes, such as a criminal investigation report (Attachment to suspect Kakao Stockholm photographs, etc.) and Kakao Stockholm photographs;

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime, the fact that there is no record of criminal punishment, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime;

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