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(영문) 대구지방법원 서부지원 2018.09.18 2018고단1210
전자금융거래법위반
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A defendant shall be punished by imprisonment for four 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

No person shall transfer or acquire any access medium for electronic financial transactions.

Nevertheless, the Defendant, via a cell phone around November 2017, sent a cell phone call to the effect that “the person in charge of a liquor company is a person in charge of another person’s account in order to obtain tax reduction and exemption, and sent a check to the head of another person and would offer KRW 3 million if the account number and password are notified for use between one week and one week.”

On November 28, 28, 16:00 of the same year, the Defendant sent a physical card connected to the Saemaul Treasury B under the name of the Defendant through Kwikset Service, and sent the password to Kakaox to the nameless electronic financial transaction access media.

Accordingly, the Defendant transferred the electronic financial transaction access media.

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 C;

1. Application of Acts and subordinate statutes to details of transactions, deposit transaction statement, customer transaction confirmation document, confirmation document of purpose of financial transaction, deposit transaction application, personal/corporate card inquiry, and data on details of transactions;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act on the part of the defendant who committed the crime in this case, and there is no record of

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