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(영문) 수원지방법원 2019.08.22 2019고단877

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on February 2018, the Defendant listened to the statement that he may sell the passbook from a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a bank, and then received a proposal that “The Defendant would open two passbooks in the name of a branch of a juristic person, 80,000 won at the face of the branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to transfer details and customer information inquiry table;

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 reason for sentencing under Article 62(1)(C) of the Criminal Act is that the means of access that the defendant transferred by reason of sentencing has been used for the crime of singing, causing damage, and that the defendant was sentenced to a fine for the same kind of crime prior to a large number of criminal records and previously sentenced to a fine

However, the facts that the defendant recognized a mistake and reflects it, and the crime of this case was committed at a time similar to the same crime and committed before the judgment of the fine becomes final and conclusive, and the fact that the court seems to have failed to receive the judgment at the same time as the wind that delayed damage to the singish is considered as favorable.

In addition, considering the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc., various sentencing conditions shown in the records and arguments of this case are as ordered.