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(영문) 부산지방법원 2015.09.18 2014고단9272
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is the means of access to an electronic financial transaction.

On August 4, 2014, the defendant, at the front of the C Pharmacy located in Busan City, will receive 200,000 won per head of the Tong in return for the transfer of a passbook from a person who has no name. On the part of Kwikset service article, through Kwikset service article, the defendant entered two passbooks of the Busan Bank Account (Account Number: D) and two cash cards in the name of the defendant and transferred them to the person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of F’s replys to F’s authenticity, details of transactions, search, seizure and verification warrants;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment ( Taking into account that the defendant has a record of being sentenced to one time to suspend indictment for the same crime and a record of being sentenced to a fine of 50,000 won);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the violation, and the omission of the contents of the crime);

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