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(영문) 대구지방법원 2017.12.05 2017고단6163
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

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On August 2017, the Defendant granted three million won per physical card to a person who was in a name of a first police officer on his/her name.

“On the receipt of the word “”, after consultation with the name Buddhistist with the Stockholm and consenting to such consultation, on August 2017, 2017, after transferring the name Buddhistist to the name Buddhistist B in the name of the Defendant’s bank account (Account Number: D) in the name of the Defendant to the Kwikseter.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (hereinafter “Suspension of Execution”) provided that the Defendant promised to receive the price and transferred the accessible medium. The access medium is disadvantageous to the fact that it was actually used for the actual telephone financial fraud crime, the confession and reflects the fact that it was not involved in the telephone financial fraud crime, and the fact that it was not acquired the price, and all other favorable circumstances such as the Defendant’s age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc. shall be determined as per the Disposition.

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