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(영문) 수원지방법원 2017.01.11 2016고단5081
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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on January 2016, the Defendant received a telephone from a person who was in the name of the first police officer, transferred a medium of access to the account to acquire cash. On January 2016, the Defendant sent Kwikset Service Articles who received five million won per access medium, and sent the above-mentioned names to Kwikset Service Articles who received 5 million won per access medium, and sent the password to Kwikset Service Articles in the name of the Defendant. The Defendant sent the physical card of the national bank account (C) opened in the name of the Defendant, and notified the password by telephone.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to each reply letter;

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 crime of transferring access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act becomes a means to facilitate other crimes against many and unspecified persons, such as Bosing, and the access media provided by the Defendant was actually used for the crime of licensing, the Defendant was punished for the same kind of crime, the Defendant was deemed to have a history of being punished for the crime of the same kind of crime, and the Defendant was deemed to have committed an economic difficulties, and the actual

In light of the fact that the circumstance is not confirmed, there is no record of punishment exceeding a fine against the defendant, and other records, such as the defendant's attitude against the defendant, and the sentencing conditions as shown in the theory of change, it is sentenced as the disposition.

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