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(영문) 대구지방법원 2017.07.04 2017고단163
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

No person shall transfer any access medium under the Electronic Financial Transactions Act.

On November 2, 2016, the Defendant: (a) received 1.5 million won per head of Tong from a person in a name in the name of the Defendant from the person in the name of the Defendant, and (b) opened one copy of the Saemaeul Depository (Account Number B), Daegu Bank (Account Number C) and one check card connected thereto under the name of the Defendant through Kwikwikset’s service.

As a result, the Defendant transferred the access media, thereby violating the Electronic Financial Transactions Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Details of transfer of accounts, materials on a warrant of search and inspection of Daegu Bank, and the application of Acts and subordinate statutes to a warrant of search and inspection of Saemaul Treasury;

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 imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act is the first offense in favor of 0 favorable circumstances.

0 Unfavorable circumstances: The defendant transferred the access medium with the knowledge that it was illegal, and the account was used for the crime of fraud and the victim occurred.

0. Other extenuating circumstances, such as motive for the crime, circumstances after the crime, family relations, criminal records, sexual conduct, environment, etc.

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