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(영문) 대전지방법원 논산지원 2016.04.26 2015고단770
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 any access medium necessary for electronic financial transactions to any third person.

Nevertheless, on June 2, 2015, the Defendant heard the horses that 500,000 won will be given to one head of the Tong in the name of the non-member of the bus terminal at the 1000 square meters in the middle of Seosan-si, Seosan-si on June 2, 2015, and transferred the envelopes, the passbook, the check card, and its password connected to the national bank account (B) in the name of the Defendant, to the non-member of the account through the high-speed bus service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of legislation of C, D, E, and F

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act committed again the instant crime despite the fact that the Defendant had been punished for the same kind of crime. The instant crime may be abused as a means of another crime as well as impairing the security and trust of financial transactions, and the passbook transferred by the Defendant is also used for the actual fraud crime. In light of the fact that the passbook transferred by the Defendant was used for the actual fraud crime, the Defendant cannot be exempted

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, details of the crime, result of the crime, etc., and the fact that there is no record of the crime above the suspension of execution.

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