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(영문) 대전지방법원 논산지원 2017.03.14 2016고단673
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall transfer or acquire any access medium, such as an electronic card or password, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on April 28, 2016, the Defendant transferred the passbook, e-mail card, and password of the Defendant’s name to the party in whose name the passbook, e-mail card, and password from the cross-city bus terminal located in Seosan-si, 1000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on response to data;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes, and the card transferred by the Defendant was used for actual fraud, and the Defendant again committed the instant crime even though he had been punished one time as a fine for the same kind of crime, it is necessary to punish the Defendant strictly.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant reflects the mistake, the age, environment, background of the crime, the result of the crime, and the circumstances after the crime.

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