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(영문) 대구지방법원 2017.12.19 2017고단6220
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 provided for in any other Act, no one shall transfer any access medium for electronic financial transactions.

Nevertheless, the defendant, on August 2017, sent the check card that can be used for tax reduction or exemption from his name in the name of the person who assumes the position of the staff of the trade company, the defendant would pay three million won per account if he sent the check card.

“To receive the proposal,” and accepted it, around August 31, 2017, the Cock Card connected to the Defendant’s Saemaul Bank Account (C) in the vicinity of Daegu Northern-gu, Daegu-gu, Daegu-gu, was put to the name-oriented person via Kwikset Service Articles.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

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. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant promised to receive compensation and transferred access media; (b) the access media has no record of being punished by a fine or a heavier punishment; (c) the confession and reflects on the confession; (d) the fact that the Defendant did not participate in the telephone financing fraud; and (e) other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime; and (e) the circumstances after the crime, etc., the punishment as set forth in the order shall be determined by comprehensively taking account of all the following factors:

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