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(영문) 광주지방법원 순천지원 2016.07.06 2016고단272
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction to any third person.

Nevertheless, on December 2014, the Defendant received a proposal from a person who was aware of his/her name in the advertisement of the location of his/her community information book at the Skset-si, and consented to the offer that “on the face of sending the head of the Tong and the head of the Tong, he/she will pay money.” On December 29, 2014, the Defendant transferred to Kwikset-based delivery service delivery agent who sent the name in the location of the market at the Skset-si located in the Skset-si area at the Skset-si (Account Number B) and sent a password to the Skset-si Skset-si and notify him/her of his/her password to be used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written application for opening an account and details of transactions by account;

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

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015); the option of imprisonment for a crime; the option of imprisonment for a crime

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

1. The punishment as ordered shall be determined in consideration of the overall circumstances, such as the confession and reflect of the defendant, the fact that there is no record of punishment heavier than the suspension of execution, etc., for the reason of sentencing under Article 62-2 of the Criminal Act;

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