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(영문) 인천지방법원 2016.08.26 2016고단4494
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

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

On April 21, 2016, around 11:30, the Defendant received a proposal from a person whose name is unknown to the Seo-gu Incheon-gu, Seo-gu, Incheon, that he would lend a check card to 10% of the face-to-face deposit amount. On the one hand, Kwikset Service Articles whose name is unknown, issued the check card under the name of the Defendant, and transferred the accessible media with the password notified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Confirmation of the results of electronic financial transfer (A) and application of examination-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender and

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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