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(영문) 대전지방법원 2018.12.06 2018고단3550
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall transfer or acquire an electronic identification card which is an access medium for electronic financial transactions and a password necessary for the use thereof, or a user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge.

On March 22, 2018, at around 14:00, the Defendant transferred to a person under whose name a password necessary to use the above physical card, one head of a Tong, which is an access medium used in electronic financial transactions in the account (Account Number C) opened in the name of the Defendant at a Daejeon Complex Terminal located in the Dong-dong, Daejeon-dong, Daejeon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A written petition;

1. A detailed statement of transfer and a written request for provision of financial transaction information;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the crime of this case again even though the defendant had the record of being investigated by the investigative agency for the same crime, the crime of this case was committed with prior knowledge of the fact that the access media of this case was used for the crime of this case, and when the money was deposited in the passbook, he took his own interest by immediately transferring it to the passbook, the damage was not recovered, and the crime of fraud using the access media requires strict punishment of related crimes because of its social disorder. Meanwhile, the defendant's confession is against the confession, and the amount of damage is not much, etc. shall be determined as ordered by the order.

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