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(영문) 대구지방법원 2018.05.17 2018고단1020
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

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.

On November 2017, 2017, the Defendant received a proposal from a person without his name in the name of the Defendant to “only send a physical card connected to the Defendant’s account, and the card will be discarded, and the card will be paid KRW 500,000,00,000.” On the same day, the Defendant, at the public parking lot of the Yong-Namnam University, 280, sent a copy of the physical card connected to the Defendant’s new bank account (Account Number B) to Kwikset and sent a password to the person with no name.

Accordingly, the defendant transferred the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of C’s written statements and written confirmation of deposit transaction documents to the 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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the Defendant transferred the check card that is linked to the account and that the account was used for the crime of fraud by telephone lending.

However, it is decided as per Disposition by taking into account the following factors: (a) the recognition of the crime of this case and the record of juvenile protective disposition, and the fact that the juvenile protective disposition only has the record of being subject to criminal punishment, and there is no record of criminal punishment.

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