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(영문) 부산지방법원 동부지원 2018.04.19 2018고단74
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, around January 4, 2017, the Defendant received one million won per account from a person who was in the name of the Defendant in front of his residence in Busan Shipping Daegu B lending 402. On January 4, 2017, the Defendant sent a physical card connected to the Saemaul Treasury Account (C) in the name of the Defendant, to the above person in the name of the Defendant, and notified him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Details of transactions of damage, and the application of statutes concerning the submission of data on financial transaction information by Saemaul Treasury;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( Taking into account the favorable circumstances of the sentencing) is that the instant crime is transferred to an access medium, and the nature of the crime is bad, the said access medium is actually used in the criminal act of Bosing, and the Defendant has a record of being suspended from indictment due to the same kind of crime.

However, it is advantageous to the fact that the defendant recognizes the facts charged and is against the defendant, and that the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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