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(영문) 인천지방법원 2015.09.03 2015고단4454

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 may transfer the means of access in using and managing the means of access.

Nevertheless, the Defendant, upon receipt of a proposal from a person under whose name the card was named, proposed to offer the card KRW 2,00,000 per month, and around September 25, 2014, transferred the card and password of the post office account (B) to Kwikset Service in front of the second factory in Jung-gu Incheon Metropolitan City, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of account transactions;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act has already been charged two times of suspension of indictment and two times of fines for the same kind of crime. Among them, one time of fines is punished for fraud by the means of electronic financial transactions transferred by the Defendant, and the transfer of the means of access to electronic financial transactions leads to serious social harm. However, in light of the fact that the Defendant committed the instant crime, it is necessary to punish the Defendant.

However, in consideration of the fact that the defendant's living conditions led to the crime of this case, the defendant recognized the crime of this case, and the fact that the defendant is against the defendant, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character and conduct of the defendant, and environment, as shown in the records and arguments of this case,