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(영문) 서울남부지방법원 2017.05.24 2017고단1377

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, at around 14:00 on November 17, 2016, the Defendant received a proposal from a person who was infinite name at the office of the Yangcheon-gu Seoul defendant B, Yangcheon-gu, Seoul, that “on the face of the head of Tong, three million won will be given by lending the head of Tong.” On the same day, Kwikset service issued and transferred the check card under the name of the Defendant to the person who was infinite name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of deposit transactions and a statement of deposit transactions;

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

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. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the defendant is repented in depth and the defendant has no criminal record of the same kind) is not less than the extent of suspension of execution;