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(영문) 대전지방법원 논산지원 2016.12.06 2016고단524
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 shall transfer or acquire any electronic card or similar information, password necessary to use information, etc., which is a means of access to electronic financial transactions, or lend or borrow such card or password for consideration.

On June 22, 2016, the Defendant transferred the cash card, which is a means of access linked to the Defendant’s corporate bank account (C) in the name of the Defendant, to another person through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes notifying data on financial transaction status;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, as well as impairing the safety and trust of financial transactions, can be abused as a means of other crimes, and the card transferred by the Defendant was used for actual fraud, and the Defendant again committed the instant crime even though he was suspended from indictment for the same kind of crime, it is necessary to punish the Defendant strictly.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime was committed, and the circumstances after the crime was committed.

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