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(영문) 대구지방법원 2017.08.24 2017고단731
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in electronic financial transactions, such as an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on December 28, 2016, the Defendant: (a) received a written message from a person without the name of the Defendant from a mobile phone to a mobile phone, stating that “The Defendant shall use only three days on a day-to-day basis after receiving an account used as a company tax issue; and (b) KRW 2,100,000 per day-to-day per 70,000 per 70,000 won per 1,000,000 won per 70,000 won per 2,100 won per 1,000,000 won per 3,000,000 won per 2,000 won per day-to-day; (b) on January 3, 2017, the Defendant received a personal bank account in the name of the Defendant (Account number : C), No. 1, 300,000 won per 1,100,0000 won per 3,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as a certificate of confirmation of transactions of electronic financial transfer, details of transactions of deposits and withdrawals (A), details of each passbook, text, etc.;

1. Article 49 (4) 2 and Article 6 (3) 2 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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as set forth below) are as follows: (a) full consideration of the following circumstances; (b) the age, sexual conduct, family relationship, family environment, motive and means of the crime; and (c) the various conditions of sentencing as shown in the records and arguments of the instant case, including the circumstances after the crime.

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