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(영문) 수원지방법원 2016.10.13 2016고단4543
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation, and lend or receive the means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 14:00 on January 23, 2015, the Defendant sent Kwikset Service Articles, who sent to Kwikset service articles, the name-free winners who created a Mabsp passbook in Si-si B apartment 116 Dong 514, 2015, with the physical card of the accounts of community credit cooperatives (C) opened in the name of the Defendant, and notified the password by telephone.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the details of entry and departure;

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. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been abused as a means of other crime, in light of the following: (a) the trust in financial transactions and the transferred means of access are abused as a means of crime.

In addition, the fact that the defendant has been punished by a fine for the same kind of crime is disadvantageous to the defendant.

However, taking into account the fact that the defendant recognized his mistake and against himself and applied for the suspension of the use following the transfer of his check, the defendant's age, occupation, personality and conduct, etc., and comprehensively takes into account all the sentencing conditions as shown in the records and arguments, such as the circumstances leading to the crime, the defendant's age, occupation, character and conduct

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