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(영문) 대구지방법원 2018.07.12 2018고단2295
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, at around February 2018, the Defendant sent the Kakao Stockholm message to the name in Daegu, “on the face of sending the Kakao Stockholm for the reduction or exemption of alcoholic beverages, the Defendant would use the Kakao Stockholm for three days and would offer three million won.” On February 21, 2018, the Defendant lent the access media of electronic financial transactions by sending the Kakao Stockholm to the Defendant’s name-based bank account (Account Number: C) and the post office account (Account Number: D) through Kwikset and promising to notify the password of the password number.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E’s written petition;

1. Photographs of deposit;

1. Notification of data on current status of financial transactions and the application of statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act was leased, and the approach media was used for the criminal act of Bosing, and the responsibility for the crime is not somewhat weak in light of the fact that damage was actually caused.

However, the fact that the crime of this case is recognized and reflected, and is suffering from the public disorder, etc., shall be decided as per the disposition by taking into account the age, sex, environment, family relationship, and criminal records of the defendant.

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