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(영문) 대구지방법원 2018.05.17 2018고단205
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 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 November 23, 2017, the Defendant sent each physical card and OTP card connected to Kwikset-gun B to the deceased and lent the access media in electronic financial transactions to the effect that, in front of the C apartment in the name of the deceased, the Defendant: “In our company, it is a company that damages the high-ranking people, using the laundry in making the laundry on the laundry on the laundry, and giving KRW 600,000 won a day after receiving the contact and consenting to the agreement, and then lent each physical card and OTP card connected to the Defendant’s new bank account (Account Number D) and company bank (Account Number:Account Number. E) through Kwikset-gun service, and promised to notify the password of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Details of transfer;

1. Application of Acts and subordinate statutes on the release of deposits;

1. Article 49 (4) 2 and Article 6 (3) 2 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 sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The recognition of crimes and reflect on the fact that there has been a history of punishment for a fine once due to the violation of the Electronic Financial Transactions Act;

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