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(영문) 의정부지방법원 2018.01.31 2017고단4683
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 any access medium when using or managing the access medium.

On June 8, 2017, at around 14:00, the Defendant informed his nameless person C of the password, and transferred a physical card number connected to the new bank (Account Number D) account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to search and inspection of seizure;

1. Relevant Article and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime (or the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (unspecified of sentencing criteria) is that a defendant shall not transfer his/her body card, etc., which is an access medium, and he/she shall be deemed to transfer his/her body card and password with knowledge that it may be used for a crime, and the responsibility for such crime

Such an act of transferring an access medium may be abused for other crimes, such as “singing” as well as undermining the reliability of the safety performance of electronic financial transactions. Therefore, it is necessary to strictly punish such act.

In fact, the access media transferred by the defendant was used for fraud, and the defendant has a record of being subject to suspension of indictment for the same kind of crime.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no record of being punished for the same crime or a fine exceeding the fine.

It seems that there is no benefit earned from the crime of this case, and it seems that it is likely to prevent additional damage by reporting it to the accident account itself.

In addition, various sentencing conditions, such as the defendant's age, motive, means, results, and circumstances after the crime, shall be considered.

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