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(영문) 대구지방법원 서부지원 2018.12.19 2018고단741
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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, on July 2017, the Defendant sent a physical card to a person in charge of a liquor company, who is a person in charge of another person's account in order to be exempted from taxes, and if the account number and password are known to him/her through a mobile phone around the beginning of July 2017, the Defendant would offer KRW 90,000 per account.

“In contact with the purport that the Defendant was “,” and had a mind to transfer the Defendant’s account.

Defendant for the same year

7. 4. 15:00 at a mobile phone sales store of the name “C” located in Seogu-gu, Daegu-gu, about 15:00, sent a physical card connected to the Defendant’s name D account through Kwikkset Service, and read a medium of access to electronic financial transactions to the name in a way that informs the Defendant of its password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed inquiries and the application of Acts and subordinate statutes on the provision of financial transaction information in light of transaction details;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making it possible to abuse transferred cards, etc. as a means of other crimes, and the fact that the cards, etc. transferred by the Defendant were used for the actual fraud.

On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and result, and after the crime.

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