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(영문) 대전지방법원 2019.08.14 2017고단5098 (1)

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court, and completed the execution of the sentence on March 7, 2016.

Criminal facts

No person shall transfer a means of access used in electronic financial transactions, unless otherwise specifically provided for in any other Act.

On March 3, 2017, the Defendant transferred one head of Tong, physical card, and password, which is a means of access used in the electronic financial transaction in the account in the name of the Defendant, to C by means of door-to-door transportation, at a post office located in the Seo-gu, Seo-gu, Wartime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (personal inquiry);

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act, and the choice of imprisonment (including the fact that there exists a record of criminal during the period of repeated crime and of punishment for the same kind of crime);

1. Article 35 of the Criminal Act among repeated crimes;