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(영문) 대구지방법원 2018.08.30 2018고단3348
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 became 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 access medium in using and managing any electronic card, electronic information equivalent thereto, certificate, password, and other access medium used in electronic financial transactions.

On January 2018, the Defendant would give 2.8 million won on the face of the cream card from a person who has no name.

The proposal received and accepted the proposal to the effect that ", at that time, it was sent to the name-non-victim as Kwikset Service, one copy of the physical card linked to the Daegu Bank Account (Account Number: B) under the name of the defendant.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. A statement of the transfer of damage, a report on internal investigation (the attachment of the statement of transfer) - three copies of the transfer receipt, and an inquiry about the details of transactions;

1. Answers [Tgu Bank -A], investigation reports (D) - Application of the text messages of D

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. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are against the mistake.

There is no record of criminal punishment including the same power, and there is no benefit acquired by the defendant.

0 Unfavorable circumstances: The instant crime is highly likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions, so serious punishment is required.

The physical card transferred by the defendant was actually used for the crime of fraud, resulting in the victim, and the damage was not recovered.

0 Other circumstances such as the defendant's age, sex, family relationship, records of crime, circumstances of this case, and the future progress.

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