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(영문) 대구지방법원 2017.12.21 2017고단6550
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, at around 12:51 on August 31, 2017, the Defendant received a proposal from a person who was unable to know his/her name to the account to be used for the purpose of tax reduction and exemption from a place where he/she is unable to know, and consented to the proposal, and then sent his/her name to the person who sent the Saemaul Treasury Account (Account Number B) in the name of the Defendant at a place in the territory of the Si of Yongcheon-gu, Seocheon-gu, Incheon. On the same day, the Defendant sent his/her name to the person who sent his/her name and transferred his/her password and transferred his/her password to the person who sent his/her name and notified the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s report on damage - A copy of a certificate of physical check of other behaviors;

1. Investigation report (Attachment of the results of execution of a warrant of search and inspection) - Submission of search and inspection warrant 2017-4449-related financial transaction information;

1. Application of the Acts and subordinate statutes on the copy of the Saemaul Savings Depository (B);

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 is the first offense in favor of 0 favorable circumstances.

There is no profit acquired by the defendant.

0 Unfavorable circumstances: (a) the Defendant knowingly transferred a physical card with the knowledge that it was illegal, and the account was used for the criminal conduct of licensing, causing the victim.

0. Other extenuating circumstances, such as motive for the crime, circumstances after the crime, age, sex, environment, etc. of the defendant.

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