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(영문) 창원지방법원 2017.05.17 2017고단565

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in using and managing access medium for electronic financial transactions.

Nevertheless, on December 26, 2016, the Defendant would pay KRW 600,000 if he/she operated the Internet sports earth company abroad through the Kakao Kakao Stockholm, from a person who was in the name of the Defendant around 14:00 on December 26, 2016.

“Around 15:00 on the same day, at the entrance of Skwikset Company B in Sung-gu, Changwon-si, Swikset, sent a physical card connected to the company bank account under the name of the Defendant to the above name in the name of the deceased, and notify the Kakao Stockholm of the password of the above account.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes to a detailed statement of remittance of damaged amount;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, even though the Defendant was aware that it will be used for illegal purposes, transferred the access media to which the Defendant transferred, and the damage was inflicted by using the access media that the Defendant transferred for actual fraud crimes.

However, the defendant is against the defendant, and he has no record of punishment for the same kind of criminal offense and imprisonment.

In addition, a sentence like the order shall be sentenced in consideration of various conditions of sentencing as shown in the records and pleadings, such as the age, sex, environment, and circumstances after the crime.