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(영문) 대전지방법원 천안지원 2017.06.16 2017고단677
전자금융거래법위반
Text

The punishment of the accused shall be determined by three months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium of electronic financial transactions.

On October 31, 2016, the Defendant had already been aware that the Daegu District Public Prosecutor's Office imposed suspension of indictment on the violation of the Electronic Financial Transactions Act due to the violation of the Electronic Financial Transactions Act, and that on November 17, 2016, its branch office in the Changwon District Public Prosecutor's Office was subject to a disposition of being suspected of the same crime, and even if the Defendant received telephone calls who misrepresented the loan and transfers the access media, it is not possible to obtain the loan, and the transfer of the access media, knowing the above fact, would be subject to punishment as a violation of the Electronic Financial Transactions Act.

Nevertheless, the Defendant sent a physical card to a person whose name is unknown on November 29, 2016, because it is necessary to obtain a loan from the person whose name is unknown.

“C.” Upon receipt of the proposal, at the ancient terminal located in 10,000, the same day, at the same time, the Defendant’s name was sent to the person whose name cannot be known by means of the express bus transport method, one physical card in the account of the Defendant’s name (number B: B).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of a seizure warrant and reply materials);

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

1. It is necessary to strictly punish the transfer of access media for electronic financial transactions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act because it can be abused as a means of other crimes. In reality, in this case, the access media transferred by the defendant is used for committing a crime, the criminal records of the defendant, the recognition of a crime, and reflects on the fact that the defendant's age, sex behavior, environment, and circumstances revealed in the trial of this case are comprehensively taken into account.

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