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(영문) 대구지방법원 서부지원 2018.08.21 2018고단1150
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on January 15, 2018, the Defendant transferred to Kwikset-based service article two copies of the physical card (b) linked to each of the post office accounts (B and C) under the name of the Defendant, subject to the condition that the Defendant would receive KRW 3 million in return for using one week per head of the physical card from a person who was unable to know his/her name before the branch of the Sung-gun, Sung-gun, Sung-gun, Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-gun, the Sung-

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes of Chapter 2 to the details of bank replies, photographs of the contents of Kakao Stockholm conversations, and copies of passbooks;

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. Strict punishment is required in cases where the act of transferring media access to the grounds for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, such as scaming, etc.

In fact, there was fraud damage related to the defendant's access media transferred by the defendant.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that there is no significant penalty history exceeding the same punishment and fine, etc. shall be considered in favor of the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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