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(영문) 대구지방법원 서부지원 2018.07.26 2017고단2818
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2017, the Defendant did not secure the method of ensuring that the fraudulent conduct using another person’s account is personality and conduct, even though he knows it, and without securing at all the means of guaranteeing the return of the physical card, and would offer the physical card to the person under whose name it is in need of the physical card to be used for the reduction or exemption of the three pages of the liquor company.

“” He listens to horses, sent e-mail cards connected to the National Bank Account (C) in the name of the Defendant through Kwikset Service to the name of the deceased.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the examination of suspect of each police station against D;

1. Protocols of seizure, list of seizure, photographs of seized articles and their photograph;

1. Response to a financial warrant;

1. Application of a list of Acts and subordinate statutes holding a cash withdrawal card;

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. Strict punishment is required as it can be abused as a means of other crimes, such as tax evasion, scam, etc., by transferring a medium of access to the grounds for sentencing under Article 62(1) of the Criminal Act.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no criminal history, etc. are considered as favorable circumstances.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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