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(영문) 대구지방법원 서부지원 2017.01.13 2016고단2291
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 any access medium for electronic financial transactions.

Nevertheless, on August 10, 2016, the Defendant opened a passbook and provided a password with three million won per account if he/she knew of his/her password, etc. by telephone from a person who was in the name of the defendant on August 10, 2016.

Contact with the purport that “the Defendant was in mind at the time of transferring the passbook.”

On the 11th of the same month, the Defendant, at the convenience point of “C” in Daegu Seogu, sent two physical cards linked to the corporate bank E account under the name of the Defendant and the Daegu Bank FF account together with the joint pages stating each password of the above accounts, and sent them to the name in a way that enable the name influence to search for them.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written petition and a written confirmation of transaction details;

1. Application of statutes on the provision of financial transaction information;

1. Relevant Article of the Act and Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are applicable, and Articles 49 (4) 1 and 6 (3) 1 of the same Act (a comprehensive 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 that has no past record of criminal punishment exceeding the previous conviction or fine, and that there appears an attitude

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