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(영문) 대전지방법원 천안지원 2016.08.30 2016고단1087
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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 media access to electronic financial transactions in using or managing such media.

Nevertheless, on February 24, 2016, the Defendant loaned the passbook to obtain a reduction or exemption of liquor tax from a person without his/her name on February 24, 2016.

“In receipt of a proposal, “The” transferred a physical card access medium for electronic financial transactions through Kwikset Service Officer’s residence on February 25, 2016, via Kwikset Service Officer’s account in the name-based bank account in the name of the Defendant, and transfer a password to the name-based person by telephone to the name-based person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A written petition;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on financial transaction replies;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. There is no amount of benefit from the reasons for sentencing under Article 62(1) of the Criminal Act, and considering the fact that there is no particular criminal history and is against the law.

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