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(영문) 대구지방법원 서부지원 2018.11.27 2018고단1285
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 person shall transfer any medium access to electronic financial transactions.

On March 1, 2018, the Defendant lent an account to be used for the operation of a soil site from a person without the name of the Defendant on March 1, 2018 to the extent of KRW 1 million per page.

“On the basis of the word “,” and

3. 4. 12:00 no security method is secured at all, and one head of the physical card linked to the Defendant’s name bank account (B) and the corporate bank account (C) was assigned to the Seo-gu Seo-gu Seo-gu Seo-gu Seo-gu Seo-gu 102 Seo-gu 102 Seo-gu, Seo-gu, Daegu-gu, in a manner that could bring the above physical card to the name partner, and the two head of the physical card was assigned to the name partner.

Accordingly, the Defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes, such as notification of seizure records, replies to requests for provision of financial transaction information and materials on financial transaction status;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade, applicable to the crimes, and selection of imprisonment;

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

1. In full view of all the circumstances, including the fact that the act of transferring a media access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes, it is necessary to strictly punish the defendant, the number of access media (physical card) transferred by the defendant is two or more. Meanwhile, it is difficult for the defendant to recognize his mistake and not repeat again, economic situation is difficult, crime history, criminal records, prosecutor’s punishment, etc., and the sentence is imposed as ordered.

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