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(영문) 광주지방법원 순천지원 2015.11.16 2015고단1580

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer any means of access necessary for electronic financial transactions.

Nevertheless, around June 10, 2015, the Defendant transferred the means of access necessary for electronic financial transactions by putting in each case the cash card in the name of the Defendant’s bank account (number : D) 1 and the same name agricultural bank account (number : No. 5) 1 through a printed article in the name of the Defendant, to the third party in the name of the third party at the gas station located in No. 2015, “If two cash cards are sent, it will be paid KRW 6 million.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Details of account transfer and details of information on account holders A;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect cash cards transfer places, etc.);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The fact that the head of the Tong and the cash card can be used for the crime at the time of transferring the passbook and the cash card with the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) is the circumstance unfavorable to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was unable to obtain compensation for the crime of this case, the first offender, and the fact that the defendant led to the confession and reflects on the crime of this case, the punishment as ordered shall be determined by considering all the sentencing conditions of the defendant, including the defendant's age, character and conduct, environment