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(영문) 의정부지방법원 2015.11.06 2015고단3171

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

In using and managing the means of access, no one shall transfer the means of access unless otherwise specifically provided for in other Acts.

Nevertheless, on January 2015, the Defendant heard that, from the Kwikset-ro 156, the Gyeonggi Bank located near the calendar station in Gangnam-gu, Seoul, the Kwikset-ro 156, the Defendant opened a cell phone with his name-free cell phone “on the face of opening one of the passbook to use for tax reduction or exemption, KRW 4 million per month from KRW 3 million to KRW 3 million,” and transferred the passbook, check card, and password, which are the means of access to the bank account in the name of the Defendant, which can be entered and withdrawn, to the above person under the name of the Defendant using Kwikset-based service.

Summary of Evidence

1. Defendant's legal statement;

1. C’s petition;

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

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. Circumstances unfavorable to sentencing under Article 62(1) of the Act on the Suspension of Execution: The crime of this case is deemed to be committed by the so-called “scaming, etc.” and thus, many victims may grow up, and the quality of the crime is not good; the means of access transferred by the defendant also appears to be used for the crime of “scaming,” and the defendant again committed the crime of this case despite the fact that the defendant was subject to a disposition of suspension of indictment and a punishment for a fine due to the same kind of crime, which is favorable to the fact that the defendant again committed the crime of this case: The defendant is against all of the crime of this case; the defendant has no record of the crime of suspended execution or more; the defendant has no record of the crime of this case; the defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime;