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(영문) 대구지방법원 김천지원 2017.05.24 2017고단238
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on November 17, 2016, the Defendant: (a) received a proposal from Kwikset Service (Kwikset Service); and (b) received a proposal from B that “on the transfer of physical cards and passwords, the Defendant would pay KRW 700,000,000,000,000 to the said B; and (c) transferred the access media by inserting the physical card connected to the Defendant’s bank account under the name of the Defendant when keeping the old-U.S. goods in the Gumpdong in accordance with the direction of B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the details of transfer data;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. The card transferred by the Defendant is also used for the actual fraud crime, and the card transferred by the Defendant can be used for a two-time suspended sentence and a two-time suspended sentence of execution, etc., it is necessary to punish the Defendant strictly.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has led to an offense and that the defendant has no same criminal record, and community service work shall be ordered in consideration of the aforementioned circumstances.

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