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(영문) 대구지방법원 포항지원 2018.12.13 2018고단1351
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium in using and managing access medium required for electronic financial transactions.

Nevertheless, on July 2018, the Defendant would give 2 million won per head of the Tong to a person who is not a police officer on his name.

“On contact, at the port bus terminal located in the south-gu Do-dong of the city, “” sent a e-mail card, passbook, OTP security card, and the e-mail card connected to the accounts of the Saemaul Treasury (C) in the name of the Defendant, and sent the password using the Kakao Stockholm.

As a result, the Defendant tried to set up various approaches necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquire into details of deposit transactions, financial transaction information in Defendant accounts, and details of transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of a sentence of imprisonment with prison labor as a matter of course (see, e.g., Supreme Court Decision 200,000 won, even if a person was sentenced to a fine of three million won due to a similar crime on May 16, 2018)

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of crime exceeding a fine, and the fact that 20 young people show a wrong attitude and reflective attitude as young people) of the suspended execution;

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