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(영문) 대전지방법원 천안지원 2018.11.19 2018고단597
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium of electronic financial transactions.

The Defendant was aware of the fact that there was a history of punishment twice due to the violation of the Electronic Financial Transactions Act, and that the Defendant could not obtain a loan even if he/she transferred an access medium after receiving contact by phone iceing the loan, and that the transfer of an access medium would be subject to punishment as a violation of the Electronic Financial Transactions Act with the knowledge of such fact.

On May 2017, the Defendant sent a passbook and a e-mail card in the name of the Defendant to a person whose name cannot be identified as a bus freight letter from a person whose name is unknown, changing from a person whose name is unknown, “the head of the Tong and the e-mail card to grant a loan” and “the head of the Tong and the e-mail card” in the name of the Defendant, to a person whose name is not known as a bus freight letter from a e-mail terminal located in the south-gu, Yanan-si on May 2

In this respect, they have tried to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition, account details, and internal investigation report (Submission of actual account transfers details);

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, transferred the access media once again even though he/she had been punished by a fine twice for the same type of crime in 2010 and 2015.

In addition, in consideration of the various circumstances shown in pleadings, such as the defendant's age, sex, family relationship, etc., the punishment shall be determined as per the order.

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