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(영문) 수원지방법원 평택지원 2018.06.20 2018고단98
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer the access medium while receiving, demanding or promising to receive, demand or promise the consideration in using and managing the access medium.

Nevertheless, around November 20, 2017, the Defendant: (a) heard that the Defendant would have a person in a name-free will create a transaction content of the e-mail card and password, and (b) transferred the e-mail card and password, which are the access media of the national bank account (number C: number) that can be entered and withdrawn under the Defendant’s name, to the above person in a name-free will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on account transactions;

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 suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the social harm of the instant crime, the leased access media has been actually used for the actual crime, the records of the same kind of crime, etc. However, the liability for the crime is not less than that of the defendant, but the defendant's age, sexual behavior, environment, background leading to the crime, circumstances after the crime, etc. are considered comprehensively, and the punishment as set forth in the order shall be determined as ordered by taking into account the following factors.

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