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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1510

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic card or similar electronic information and password, etc. of an electronic financial transaction or establish a pledge right thereon.

On June 2015, the Defendant: (a) received KRW 500,000 per account from a person who was infinite’s name in front of the Gu-si B building; and (b) transferred physical cards, etc. in the name of the Defendant via Kwikset Service, Chapter 1 of Daegu Bank Card (C) in the name of the Defendant; (c) 1 of the Daegu Bank Card in the name of the Defendant; and (e) 1 of the Saemaul Bank Card (E) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records of seizure, photographs of seized articles, and account records of cards held by each accused;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 1 and Article 6 (3) 1 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for a crime committed by transferring a Saemaul credit cooperative access medium with the largest situation shall be imposed);

1. Selection of an alternative imprisonment with prison labor (to take into account the past records of punishment due to such previous forces, the number of transferred access media, the price promised to receive, the fact that the goods are used for licensing, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the amount of damage is not large, that there is no record of punishment exceeding a fine, that there is no record of punishment exceeding a fine, and that the confession of a crime and is against depth

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;