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(영문) 대구지방법원 김천지원 2016.04.06 2015고단1640
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

No person shall transfer or acquire any electronic card or similar electronic information and password, etc. of an electronic financial transaction, or establish a pledge right thereon.

Nevertheless, at around 14:00 on November 26, 2014, the Defendant received 3,000,000 won from a person who was in the name in front of the company C in the old city B, and transferred passbooks, physical card, etc., which are the access media in the name of the Defendant, to the new bank account (D) in the name of the Defendant, through Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit certificate;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been transferred by the Defendant to the access media under the Electronic Financial Transactions Act, and such act is not only undermining the reliability of the safety performance of electronic financial transactions, but also undermining society by using so-called Boscing, etc. for the crime of massing a large number of victims. Therefore, the nature of the crime is not weak.

However, in light of the fact that the defendant led to the confession of the crime of this case, and other circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account various circumstances, which form the conditions for sentencing as shown in the argument of this case, such as the circumstances after the crime.

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