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(영문) 광주지방법원 순천지원 2016.07.13 2015고단2469
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 any means of access to electronic financial transactions.

Nevertheless, on December 18, 2014, the Defendant received a proposal stating that he would give a loan to a person without his name, and accepted it and sent the cash card and password of the one bank account (Account Number C) opened in the name of the Defendant at the Mayang-si B Studio, Gwangju-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Details of account transactions, and an application for transaction (one bank);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the option of imprisonment with labor and punishment for the crime;

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

1. The punishment as ordered shall be determined in consideration of the overall circumstances, such as the confession and reflect of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, and there is no record of punishment heavier than the suspended execution due to the same crime;

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