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(영문) 대구지방법원 2021.03.17 2019고단5537
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 person shall transfer or acquire any access medium, such as an electronic card or password, to issue a transaction instruction in electronic financial transactions.

Nevertheless, on March 2019, at around 20:0, the Defendant heard the horses that “one head of the money to receive, and the transfer limit does not go to, because there is any money due to the transfer limit.” 20,000 won in the name of the Defendant’s bank account under the name of the Defendant, and 1 head of the CB card linked to the bank account in the name of the Defendant.

Accordingly, the Defendant transferred the access media necessary for electronic financial transactions.

Summary of Evidence

The police suspect interrogation protocol against the accused;

1. Application of replies to requests for financial transaction information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant’s physical card was used for the crime of Bosing, and the Defendant’s receipt of the price for the transfer of access media, the Defendant’s choice of imprisonment cannot be deemed to be less restrictive, and the Defendant’s primary offender is the first offender and the Defendant’s age is considered to postpone the execution of the sentence. It is so decided as per Disposition on the grounds above.

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