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(영문) 대구지방법원 김천지원 2017.06.13 2017고단333
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, on February 26, 2016, the Defendant transferred the passbook and password of the NongHyup Account (Account Number C) in the name of the Defendant, the representative of which was the Defendant, to a person whose name cannot be known.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of all matters to be registered and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes, such as photographs by cutting down the screen of gambling site D;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order was that the Defendant transferred the access media with monetary consideration.

The defendant has a record of criminal punishment for the same crime and suspension of indictment for a single time.

The access media transferred by the defendant was actually used in the operation of the illegal gambling site.

However, the defendant is against the law.

The defendant seems to have no profit from the crime of this case.

In full view of the above circumstances, all the sentencing conditions, such as the defendant's age, health, sex, family relationship, and circumstances after the crime, the punishment shall be determined as ordered.

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