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(영문) 의정부지방법원 2017.08.22 2017고단2372
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

No person shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on February 7, 2017, the Defendant: (a) received a proposal from a person in a false name to “a person who lends a Tong head and card to another person; (b) will only use one month,” and (c) transferred the access media used in electronic financial transactions by transferring the passbook, check card, and password to a non-registered Kwikseter’s account (C) in front of the Namyang-si, Namyang-si, the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing deposit verification;

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 suspended sentence of the Criminal Act provides that the head of the Tong, etc. transferred by the defendant for the reason of sentencing has been used for the criminal act of licensing: Provided, That the punishment shall be determined by taking into account the facts that the defendant was the first offender and that the defendant was recognized for the criminal

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