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(영문) 춘천지방법원 원주지원 2017.05.15 2017고단90
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 the access medium in using and managing the access medium.

Nevertheless, on June 28, 2016, in front of the defendant's house located in Gangwon-si, the defendant transferred two physical cards connected to the new bank account (C) in the name of the defendant and the company bank account (D) in the name of the defendant, and two million won per account to receive a total of four million won per account, and the defendant sent to the deceased through the Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement and a written petition;

1. Verification of transaction details, response data by each financial institution, inquiry of transfer details, and application of Acts and subordinate statutes of the transaction specification table;

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

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The access media of this case leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was actually used for the singishing crime.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant has no record of punishment exceeding a fine, confessions a crime, repents a mistake, and other conditions of sentencing indicated in the records, such as the age, sex, environment, etc. of the defendant.

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