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(영문) 인천지방법원 2018.01.11 2017고단8635
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 any medium access to electronic financial transactions.

Nevertheless, on July 22, 2017, the Defendant transferred a physical card connected to the community credit cooperative account (B) under the name of the Defendant using the phone to the name in the vicinity of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and transferred a medium of access to electronic financial transactions by informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing the provision of financial transaction information;

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

1. Selection of imprisonment with prison labor as a matter of choice of the punishment (the fact that secondary damage has occurred to the singishing as the passbook circulated by the defendant, and that in light of the motive and history of pursuing this acquisition, it is a treatment of property, but it is difficult to produce a significant effect to restrain recidivism);

1. Article 62 (1) of the Criminal Act on the stay of execution (the need for treatment within society);

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