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(영문) 대전지방법원 2018.11.09 2017고단4788
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

On September 15, 2017, the Defendant would offer 10% of the amount of tax to be reduced or exempted if he sent a physical card to reduce or exempt taxes by telephone from a person who is an employee of a liquor company.

“After receiving the proposal, the Defendant received it on September 20, 2017, at around 17:00, through Kwikset Service Delivery Center (D) in front of the Defendant’s dwelling in Seo-gu Daejeon, Seo-gu, Daejeon, 203, Kwikset Service Delivery Center, sent the physical card connected to the KEB account in the name of the Defendant and the national bank account (E), and sent the password to the non-resident of the name Kakao Stockholm.

As a result, the Defendant intended both media access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A certificate of confirmation of transfer;

1. Application of Acts and subordinate statutes on trading;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the following: (a) the Defendant’s mistake is against the Defendant; (b) the access media that the Defendant transferred used to commit telephone financing fraud; (c) the victims are all returned the money deposited in the Defendant’s account; and (d) the victims are not likely to suffer substantial damage by returning the money deposited in the Defendant’s account; and (c)

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