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(영문) 대구지방법원 포항지원 2017.04.20 2017고단190
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 other Acts, no one shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

1. On December 2013, the Defendant violated the Electronic Financial Transactions Act due to the acquisition of an access medium, received the passbook and check card from the name bank account (E) in the C oil station located in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Accordingly, the Defendant acquired the above account access media.

2. On December 2013, the Defendant violated the Electronic Financial Transactions Act due to the transfer of an access medium: (a) sent the passbook of the account in the name of D transferred, as described in paragraph (1), to friendly job offering F, via baggage, at an express bus terminal located in the south-gu interesting city at port; and (b) the check card to friendly job offering F, as indicated in paragraph (1).

Accordingly, the Defendant transferred the above account access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant, who led to the confession of the instant crime, was able to repent of his mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant’s age, environment, sex, motive and means of the instant crime; and (d) other circumstances that are conditions for sentencing as shown in the instant pleadings, including the circumstances after the crime

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