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(영문) 의정부지방법원 2016.12.08 2016고단4791

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

Except as otherwise expressly provided for in any other Act, no electronic card or other means of access used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other information equivalent thereto shall be transferred.

Nevertheless, on July 1, 2015, the Defendant received 1,90,000 won from the deceased on the street near the old station located in 34 Dori-si, 23-29, and transferred the passbook, physical card, OTP, and Internet banking ID and password, which are the means of access to the national bank B account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspect C (No. 2 times);

1. A report on investigation (with regard to the circumstances of investigation);

1. Application of Acts and subordinate statutes on account transactions;

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

1. Selection of imprisonment with prison labor chosen;

1. Considering that the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act, as a result of lending the means of access in this case, the national bank account connected to the Defendant was used as the passbook at the gambling site, it is necessary to strictly punish the Defendant.

However, in full view of the various circumstances, such as the confession and reflect of the instant crime, the fact that the Defendant does not have the same criminal record, the Defendant’s age, character and conduct, the developments and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions of sentencing as shown in the records and arguments, the punishment as ordered shall be determined.