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(영문) 대전지방법원 천안지원 2020.02.06 2019고단2708
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On December 11, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Electronic Financial Transactions Act at the Youngcheon District Court’s Young-gu branch on the 19th day of the same month. The judgment became final and conclusive on the 19th day

【No one shall transfer the means of access except as otherwise provided for in Acts.

Nevertheless, the Defendant stated in the indictment on February 14, 2017 as “ February 24, 2017.” However, according to the evidence in its holding (Evidence No. 86 pages, etc.), it is evident that it is a clerical error in the indictment “ February 14, 2017.” Thus, it is recognized as above to the extent that it does not interfere with the maintenance of identity of the facts charged and the guarantee of Defendant’s right to defense.

On the road of Pyeongtaek-si 5-ro 20-gil 39, Pyeongtaek-ro 20-gil 39, a proposal that "to allow a loan to be made if he transfers the e-mail card" from a person who has no standing in front of the site of the Industrial Bank in Pyeongtaek-si, and that consent, and the defendant sent the e-mail card and the OTP card connected to the industrial bank account (C) in the name of the company B registered as the representative by the defendant

Accordingly, the Defendant transferred the means of access to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Ethrification photographs, etc.;

1. Certificates of deposit;

1. Application for deposit transaction (B-A), business registration certificate (Duplicate), and full certificate of registered matters;

1. Previous convictions: Criminal records, investigation reports (verification of suspect A criminal records), one written judgment, and application of Acts and subordinate statutes concerning investigation reports (the same kind of electricity and latter concurrent crimes);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment (Optional to Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the error of the defendant, and the crime of this case has been committed before the judgment became final and conclusive, and in addition to the previous conviction, it is to be punished for the same crime or to be suspended by imprisonment.

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