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(영문) 대구지방법원 포항지원 2018.04.12 2018고단112
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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On November 2017, the Defendant would open and offer a Maspbook by raising the results of trading on the face of a week by transferring a Masp cards from a person who is not his/her name, at the Masp Port B located in Nam-gu, Nam-gu.

“Around November 12, 2017, after hearing horses, the Defendant’s company bank account (Account Number D) linked to the above factory around November 12, 2017, at around 12:00, the Defendant sent a physical card, etc. to the above name in return for delivering the physical card, etc. to the person without the name.

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. Application of the Acts and subordinate statutes governing the search and seizure warrant and reply;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative imprisonment with prison labor (in 2015, considering the fact that the person was punished by a fine for a crime similar to that of the 2015 and that the person committed the instant crime again, and that the other crime history is not significant);

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007)

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