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(영문) 인천지방법원 2017.06.07 2016고단408
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

No person shall transfer or take over any access medium or set up a pledge.

Nevertheless, on March 2015, the Defendant obtained a loan in return for the transfer of the physical card connected to the passbook from the nameless person who became aware of through the mobile phone advertising phone from the deceased person, and transferred the physical card (B) connected to the agricultural bank account under the name of the Defendant from the wood terminal located in Sinpo-si, Sinpo-si, Sinpo-si, Sin-si, Sinpo-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. (A) Application of Acts and subordinate statutes to transaction details;

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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is a history of punishment of fine due to a violation of the Electronic Financial Transactions Act in the past.

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