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(영문) 수원지방법원 2018.08.16 2018고단3237
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

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, the defendant sent a physical card from a person who is not his name.

Notes will make loans available by establishing transaction performance records.

“Around December 20, 2017, “” heard horses, and around December 20, 2017, at the Nowon-gu, Suwon-si, Suwon-si, one physical card, which is a medium of access to the new bank account (D) in the name of the Defendant in front of the Sin-si, Suwon-si, Sinwon-si, and informed the account number and password.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authentic statement and written statement;

1. Application of the detailed statement of deposit transactions and the Acts and subordinate statutes on response to financial data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The act of transferring a medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the grounds for sentencing) is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to multiple victims by using the transferred access medium in a criminal act, such as telecommunications financing fraud

The defendant's transfer of access media has been abused in criminal acts and has caused damage.

The Defendant again committed the instant crime even though he was aware that the transfer of the access medium constitutes a criminal act and the transfer of the access medium could be used for the crime of telecommunications financing fraud because he/she was investigated by the same crime and was suspended on April 28, 2016.

However, there is no benefit from crime, and seriously reflects his fault, and considering the fact that there is no previous conviction in the same kind of crime in favor of the defendant.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act are stipulated.

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