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(영문) 대구지방법원 서부지원 2020.06.17 2020고단85
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on February 22, 2017, the Defendant received a proposal from an in-house office in the Daegu Suwon-gu to the effect that he would pay KRW 300,000,000 to the Defendant’s account of community credit cooperatives (B) under the name of the Defendant, using 3 days if he sent the e-mail card to be used for the reduction or exemption of taxes,” and transferred the means of access under the Electronic Financial Transactions Act by delivering a e-mail card connected to the account of community credit cooperatives (B) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that wrongs are recognized and rebuttals, and that there is no profit from the crime of this case);

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