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(영문) 의정부지방법원 고양지원 2018.03.09 2017고단3940
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer any access medium for electronic financial transactions.

Nevertheless, on January 2017, the Defendant transferred a physical card, OTP card, password, etc. connected respectively to the national bank account (D, E, and F) in the name of the Defendant established by Kwikset Service Articles who sent name to Kwikset Service Articles, who were named in front of the Daekset Station located in Mapo-gu Seoul, Mapo-ro 85.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of bank replies, second execution replies (A new bank account transactions); and C’s account transactions;

1. Application of Acts and subordinate statutes to investigation reports (where any, details of bank account transactions in the name of a limited company C, etc.);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the transfer of an access medium with the same reason for sentencing under the same case is necessary to impair the credibility of the safety performance of electronic financial transactions and to strictly punish it as a means of other crimes. The actual Defendant’s access medium appears to have been used for illegal days, and the Defendant’s power to be punished for the same kind of crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

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