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(영문) 의정부지방법원 고양지원 2020.06.19 2020고단1389
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 a means of access.

Around November 5, 2019, the Defendant stated in the facts charged in the indictment on indictment around November 5, 2019 is an obvious clerical error. Since it does not give any substantial disadvantage to the Defendant’s defense, it is immediately correct ex officio.

From the front side of Gyeyang-gu Incheon Gyeyang-gu, the physical card and password connected to the National Bank Account (C) in the name of the defendant was transferred through Kwikset Service to a name-oriented person.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on account transactions in the police statement with D, the details of account transactions in CIF and account transactions;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act shows the attitude of recognizing and opposing the criminal facts in the judgment of the defendant.

On June 27, 2007, the defendant has no record of criminal punishment except for a fine of 700,000 won due to a violation of the Road Traffic Act.

There are circumstances to consider the motive and circumstances leading to the Defendant to commit the instant crime.

Other punishment shall be determined by comprehensively taking into account various circumstances shown in pleadings, such as the age, character and conduct, and environment of defendants.

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