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(영문) 대구지방법원 2016.03.22 2015고단6101
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

On September 2015, the Defendant received a telephone from a person in an infinite name, Daegu Dong-gu BD 402, which read, “The Defendant grants 2 million won per 2 million won per head of the e-mail card,” and accepted it, and issued a cash card connected to the account in the name of the Defendant to the National Bank under the name of the Defendant and a cash card connected to the account in the name of the Defendant to the Daegu Bank under the name of the Defendant, via Kwikset Service Articles.

Accordingly, the Defendant transferred the electronic financial transaction access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to details of transfer, reply, details of entry and withdrawal, and details of account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order - The circumstances that are advantageous to, and have no previous record: The transfer of access media not only undermines the credibility of the safety and reliability of financial transactions, but also has an adverse effect on society, such as mass production of a number of victims used for the crime such as telephone, finance, fraud, etc. - Other factors for sentencing specified in the records of this case, including the defendant's age, sexual behavior, health conditions, home environment, motive, means, consequence, and circumstances after the crime, are considered.

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