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(영문) 인천지방법원 부천지원 2017.11.23 2017고단2475

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 or acquire any medium access to electronic financial transactions.

Nevertheless, on May 23, 2017, the Defendant transferred and taken over the e-mail card (credit card number : D) of the bank account in the name of the Defendant on the condition that he received KRW 500,000 in return for the transfer and taking over of the e-mail card, e-mail card, etc. in front of the small railway station located in Seocheon-si, Seocheon-si, and transferred the e-mail card to the non-name-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A written statement of F and G;

1. A protocol of seizure and a list of seizure;

1. Details of each authentic document or account transaction;

1. Application of each statute on photographs;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing of Article 48(1) of the Confiscation Criminal Act takes into account extenuating circumstances, such as the fact that the Defendant committed a singing crime equivalent to the sum of million won with the passbook transferred by the Defendant, and that the Defendant committed the crime of taking over the passbook, etc. Meanwhile, taking into account all the circumstances, including the fact that the Defendant’s mistake is against himself/herself, there is no criminal history, and other circumstances, including the Defendant’s age, family relationship, number of passbook transferred, circumstances leading to the crime, and circumstances after the crime, etc., the punishment as per Disposition