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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3260
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than five 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 other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on September 9, 2017, the Defendant sent a e-mail card from a person who has no name to the name of the Defendant, using it to receive casino gambling money in the account, and paying a certain amount of profit.

“After hearing the horses and consenting thereto, at around 17:00 on September 11, 2017, 17, the Cze Card No. 1 (B) connected to the Defendant’s bank account (B) in front of the king-ro No. 418, 418, was issued to the non-indicted male who sent the above name to the non-indicted male who sent the above name, and notified the password of the said account to the mobile phone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

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 suspension of execution (see, e.g., the confession and reflect of the defendant, and the absence of criminal records exceeding the fine);

1. Social service businesses under Article 62-2 of the Criminal Act;

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