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(영문) 의정부지방법원 2018.08.17 2018고단2057
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 any access medium used in electronic financial transactions.

Nevertheless, the Defendant from January 25, 2018

1. From the end of 26.26. the post office located in Spocheon-si to receive 600,000 won per 60,000 won per physical card from a person who is not his name, and the post office opened the physical card connected to the Agricultural Cooperative Account (Account Number C) in the name of the defendant by visiting the phone.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to transaction specifications (D), agricultural association new Acts and subordinate statutes (A and CIF and financial 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. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the Defendant among the reasons for sentencing) (i.e., setting the sentencing guidelines) is that the Defendant promised to pay for and transferred its access media. As such, the transfer of such access media may not only impair the credibility of the safety performance of electronic financial transactions, but also be abused for other crimes, such as Bosping, etc.

However, the defendant recognized his mistake and reflects his depth, agreed with the victim, the defendant has no record of criminal punishment that exceeds the punishment or fine for the same crime, the defendant seems to have no profit from the actual crime of this case, and the defendant's age, sex, family environment, economic situation, motive, means and consequence, etc., and other various sentencing conditions, such as the defendant's age, sex, family environment, economic situation, motive and consequence, after the crime, shall be determined as the same as the order.

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