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(영문) 대구지방법원 서부지원 2017.05.26 2017고단516
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

On October 20, 2016, the Defendant raises an account to be used by a company leasing heavy equipment to reduce taxes.

“On receipt of the text message of the content, the phone calls, sent a physical card from a counselor with no name, and give two million won per one account if the password is known.

“I have heard and accepted the word “...”

On October 25, 2016, at the D convenience store near the C gas station located in Daegu-gun District, the Defendant: (a) packed a physical check connected to the Defendant’s name (E) bank account in the name of the Defendant; and (b) package the physical check card connected to the Defendant’s name (F) bank account in the name of the Defendant; and (c) send it to the address designated by the non-name-based person.

The secret number of each account was transferred, and the secret number was known to the person under whose name the Kakao Stockholm message.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint and documentary evidence of G;

1. Data on reply to the warrant issued by a national bank (title A);

1. Application of statutes on the details of messages sent to and received by the defendant with his/her name in secret;

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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