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(영문) 인천지방법원 2017.09.07 2017고단5165
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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On January 2017, the Defendant received a proposal from the office of the Defendant on the 7th floor of Yeongdeungpo-gu Seoul Metropolitan Government building B in order to provide a e-mail card to a person whose name is not known, and transferred a 300,000 won per day of lending the e-mail card to a person whose name is not known. The Defendant issued a e-mail card under the name of the Defendant to a person who is not known, and transferred a e-mail to a third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to seizure warrant execution data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor as a matter of choice of punishment (the second damage to the singishing has occurred with the passbook transferred by the defendant, and the fact that the past record of the same crime and the past record are weak, considering circumstances which cannot be effectively prevented from reoffending due to the punishment of a fine);

1. Article 62 (1) of the Criminal Act on the stay of execution (the need for treatment within society);

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