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(영문) 대구지방법원 2017.06.29 2017고단2715
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire any electronic card used to issue instructions on transactions or to secure the authenticity and accuracy of users and transaction details and other access media necessary for using such card or passwords in electronic financial transactions.

Nevertheless, around January 2017, the Defendant promised to transfer to Kwikset's article one card connected to his name with the Saemaul Treasury (C) account at the seat of the Defendant's office located in Daegu-gu, Daegu-gu, to receive three million won in return for transferring it to Kwikset's article.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the receipt statute

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (hereinafter “Suspension of Execution”) provided that the Defendant promised to receive the price and transferred the accessible medium. The access medium reflects the fact that it was actually used in the actual telephone financial fraud crime, the fact that it was the first offender, the recognition of the instant crime, the fact that it did not participate in the telephone financial fraud crime, the fact that it was not acquired the price, and all other favorable circumstances such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc. shall be determined as per the Disposition.

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