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(영문) 창원지방법원 2017.09.05 2015고단2950

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Unless otherwise expressly provided for in other Acts, electronic financial access media shall not be transferred to any third party.

Nevertheless, on April 23, 2015, the Defendant transferred one cash card related to the Saemaul Treasury Account (B) in the vicinity of Busan Shipping Daegu around Busan Metropolitan City on April 23, 2015, using Kwikset service.

Summary of Evidence

Application of Acts and subordinate statutes on the copy of the passbook of police statement C to the defendant's legal statement, and cash card re-issuance data

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (or by imprisonment); Article 6 (3) 1 of the same Act (or by choice of imprisonment);

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Protective observation and community service order under Article 62-2 of the Criminal Act;