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(영문) 대전지방법원 천안지원 2018.01.12 2017고단2383

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 a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on March 30, 2017, the Defendant transferred a physical card connected to the company bank account (Account Number:B) in the name of the Defendant at a non-resident location on March 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of data on financial transaction status;

1. Application of Acts and subordinate statutes to a report on investigation (Analysis of Account Transactions);

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 sentence shall be determined as ordered in consideration of the various sentencing conditions indicated in the instant trial proceedings, including the fact that it appears to have received the price by transferring a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act, and that there is no record of the same kind of crime.