beta
(영문) 춘천지방법원 속초지원 2018.09.12 2018고단40

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

In using and managing access media, no one may transfer access media. However, the Defendant transferred access media by delivering a bank (Account Number B) card, security card, etc. in the name of the Defendant to a person in the front of a cafeteria located in the name of the Defendant at around August 30, 2017, when enhancing the Chinese Anta bargaining.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Written petition for DNA preparation;

1. Application of Acts and subordinate statutes to receipts for payment in cash, documents regarding warrants of seizure and replies, and details of transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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

1. The crime of this case was committed without any particular awareness despite the record of being punished for a similar crime even before the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the transfer of the access media as in this case, as in this case, is valuable in its nature in that the relevant access media can be used for another crime, and thus, in fact, it is used for the crime of fraud in this case, and the punishment is determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.