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(영문) 춘천지방법원 원주지원 2018.02.02 2017고단1080
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 the access medium in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on August 17, 2017, the Defendant: (a) heard the remarks of a person without a name, who would pay a physical card of KRW 3 million a week; and (b) sent a physical card and its password connected to the post office account (Account Number D) in the name of the Defendant through Kwikset Service employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes confirming the details of transactions of deposits and withdrawals;

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. Considering the purport of the law that intends to prevent financial fraud by strictly punishing the act of transferring or lending the media access to the reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing should be considered as favorable to the statement in sentencing), it is necessary to strictly impose the Defendant’s liability for the crime.

The Defendant’s access media was actually used for licensing crimes.

However, the defendant has no record of criminal punishment, confessions a crime, and repents a mistake.

The punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive for and circumstances after the crime, etc.

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