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(영문) 대구지방법원 서부지원 2016.11.17 2016고단1782
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic card, similar electronic information and password, etc., which is the means of access to any electronic financial transaction, or establish any pledge right thereto.

Nevertheless, on May 2016, the Defendant sent a deposit and withdrawal card linked to a corporate bank account (Account Number D) account opened in the name of the Defendant from the beginning of the Seocho-gu, Daegu-gu, 2016, to Kwikset service provider, and thereafter sent the password to the person who was named in the above account by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the response materials (transaction details, etc.);

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective attitude, and considering the fact that there are no other criminal records in addition to the punishment imposed twice for traffic crimes);

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