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(영문) 수원지방법원 2016.01.21 2015고단5942
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

No person shall transfer any access medium to the use and management of any access medium for electronic financial transactions unless otherwise expressly provided for in any other Act.

Nevertheless, on July 2015, the Defendant transferred the physical check card of the Saemaul Treasury (Account Number DS) account in the name of the Defendant to the non-standing party in the name of the Defendant at the trade in an infinite New City of Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and a written statement of DT and the details of account transactions;

1. Details of account transactions in the name of the recipient C;

1. Application of Acts and subordinate statutes to the investigation report (verification of CCTVs);

1. Taking into account all the circumstances, including the following: (a) the Defendant, who had been punished several times prior to the instant case, on the grounds for sentencing of Article 49 subparag. 4 subparag. 1 and Article 6 subparag. 3 subparag. 1 of the Act on Electronic Financial Transactions and Electronic Financial Transactions for the crime of this case, was not aware of the fact that the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished several times as a violation of the Electronic

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