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(영문) 대전지방법원 2016.11.23 2016고단2547
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Daegu District Court on September 1, 2016, and the judgment became final and conclusive on September 9, 2016.

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution, while receiving, demanding, or promising to lend them.

Nevertheless, the Defendant, on March 2016, committed a promise that “If he/she lends his/her physical card to a police officer for six hours, he/she will give KRW 2 million.” On March 2016, the Defendant appears to be erroneous in writing in writing in the facts charged in the indictment in the bill of indictment on the National Bank Account B in the name of the Defendant at a complex terminal located in the Dongdong-dong, Daejeon-gu, Daejeon.

The personal identification card and password connected to the personal identification card sent to the person under whose name the personal identification card was sent.

Accordingly, the Defendant promised to pay and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition, a written confirmation of details of transactions of other exchange, a request for financial transaction information, reply to the provision of financial transaction information, inquiry into customer personal information, a certificate of deposit transaction records, and details of deposit transactions in Handphones;

1. Each CCTV screen (Evidence Nos. 9, 10);

1. Previous records of judgment: The application of criminal records, results of inquiry, and statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into consideration, such as the fact that the defendant has no criminal capacity for the same kind of punishment, the fact of crime is recognized and reflected, equity and equity between the crime for which judgment has become final and conclusive

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