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(영문) 수원지방법원 안산지원 2018.02.20 2018고단31
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of 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, except as otherwise expressly provided for in other Acts and subordinate statutes.

Nevertheless, the Defendant, who had contacted with his own cell phone around August 29, 2017, is a private sports hosting business that is called every private sports, and if the account is sent, he will be paid KRW 3 million per one.

“The proposal received and accepted it, and then sent it to Kwikset service article to receive a physical card in front of the Defendant’s residence located in Singu-si on the same day, 3 copies of the physical card connected to the Defendant’s name’s bank account (C), NAC, and NAC Account (E), and the password was known to the telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Details on the transfer of funds from damage, the new data, and the details on transactions of passbooks;

1. Application of the provisions of this Act and subordinate statutes to the contents of the Stockholm phone call and to output text messages;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor as a matter of choice (the crime of this case leads to the so-called “singing” crime, which is highly socially malicious, and in fact, the crime of this case was committed by the so-called “singing” crime, and disadvantageous consideration, such as the occurrence of damage, etc.)

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances, such as the fact that the defendant recognized his/her mistake and reflects his/her mistake, and that the defendant has no particular criminal history);

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