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(영문) 대구지방법원 2017.07.13 2017고단2471
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 person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on February 14, 2017, the Defendant: (a) received a text message from the Defendant to the “D” number; and (b) sent the above phone number to the Defendant, and (c) received a proposal from the person under whose name the Defendant “to pay rent of KRW 1,80,000 per day of the head of the Tong, if the head of the Tong leased the head of the Tong,” and then accepted the proposal, and then transferred the access medium in the electronic financial transaction by sending the passbook, which is the access medium of the “D” number, to the Defendant’s name, on the same day at the post office located in Yongcheon-cheon-gu, Youngcheon-gu, Incheon, the post office account in the name of the Defendant; (E) the national bank account (F) and the company bank account (G:Account number) account on the 15th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. To refer to certificates of details by account for membership transactions, personal information on financial information, inquiries about details of financial transactions, details of transactions on deposits in and out of corporate banks, and the application of statutes on transactions in national banks;

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, there are three passbooks transferred by one defendant, and the fact that both the passbooks were actually used for the crime of fraud is disadvantageous to the defendant.

On the other hand.

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