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(영문) 대구지방법원 서부지원 2018.10.24 2018고단1012
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 any access medium in using and managing the access medium.

Nevertheless, on November 2017, the Defendant would offer KRW 80,000 if he/she transferred the Internet banking, etc. from a person under the name, who became aware of influence 1:1 hosting smartphones, fluence, “fluent Stockholm,” which is a fluence.

“A” receives proposals and without confirming the other party’s personal information, and received 80,000 won from a person in unsound name, after delivering an OTP and an official certificate connected to the post office (C) account in the name of the company in the name of the principal and the agricultural cooperative (C) account, which was opened by the company in the name of the principal as its representative in Jung-gu, Daegu-gu, Daegu-ro 149 on November 2017.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of the reply-related Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making it possible to abuse transferred cards, etc. as a means of other crimes, and the fact that the cards, etc. transferred by the Defendant were used for the actual fraud.

On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.

In addition, the arguments of this case are shown in the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.

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