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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1066

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer the access medium in using and managing the access medium.

Nevertheless, at around 17:00 on June 9, 2016, the Defendant transferred the access media by using the physical card of (D) in the name of the Defendant in order to obtain a loan of one million won from an off-line borrower C located in Gangwon-si, Gangwon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of text messages;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes on the details of deposit and withdrawal of a credit union account and a credit union account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution was that the Defendant had been punished as a violation of the Electronic Financial Transactions Act, but again transferred his/her physical card to another person, and the card was used as a means of fraud in the course of committing fraud.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.