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(영문) 광주지방법원 2016.10.27 2016고단3596

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, on November 4, 2014, the Defendant decided to transfer a cash card on the condition that he receives 1.5 million won per month from a person who has no name. On November 4, 2014, the Defendant issued a cash card connected to the check-up account under the name of the Defendant to the door-to-door officer who sent the above name-to-door officer from the front side of the Dong-si market, which is calculated at Sinpo City around November 6, 201, and notified the above name-to-door person of the password by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the choice of imprisonment ( Taking into account the fact that the criminal defendant committed the instant crime again without being aware of the criminal facts having been committed for the same kind of fine three times even though he/she had been convicted of the same offense);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no record of crime exceeding the fine against the accused and the fact that it is against the accused);