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(영문) 대전지방법원 홍성지원 2018.06.20 2018고단338
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 15, 2017, the Defendant transferred the access media by issuing a copy of the physical card connected to the Defendant’s name cooperation (B) account at the Geum River-gu Ham-gu Hamcheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul-gu, and the non-sicker.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on remittance of money from damage;

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. Suspension of execution under Article 62(1) of the Criminal Act (The consideration shall be given to the favorable circumstances, such as the fact that the court recognizes the error and reflects it, the fact that the transferee could be accused of the use of the transferred access medium, the fact that the actual profit from the crime seems to exist, the fact that the health and economic situation are not good, and the fact that the minor child is supported by the married minor);

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