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(영문) 대구지방법원 2018.09.13 2018고단3393
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 electronic card or other similar electronic information, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on September 2016, the Defendant would offer a KRW 1 million if he/she transferred a “D” office in the vicinity of the Seo-gu Seoul metropolitan community service center to the head of a Tong and a physical card, etc. from a person in an influence of name.

After receiving and consenting to the proposal to the effect that ", on September 30, 2016, the head of a Tong and physical card connected to the new bank account (Account Number:F) in the name of the defendant in the name of the new bank located in Busan-gu, Daegu-dong (U.S.) (hereinafter referred to as "the bank account number") and received one million won in return.

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

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written confirmation of deposit receipts and transaction details;

1. Application of banking transaction application and business registration certificate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The transfer of the access medium for electronic financial transactions may be used as a means of other crimes. In this case, even in the following circumstances, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the access medium leased by the defendant was used to commit fraud; (b) the defendant gains the profit of KRW 1 million from the crime of this case; (c) the defendant has several records of punishment; (d) confession and reflect in favor of the defendant; (e) there is no record of identical punishment; (b) there is no record of basic life; (c) the defendant is a recipient of basic life; and (d) the defendant's age, sex behavior, environment, family relationship;

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