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(영문) 서울남부지방법원 2017.01.11 2016고단5358
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Records] On September 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court and two years of suspended execution, and the said judgment was rendered for the same year.

9. 20. Finality was finalized.

[Criminal facts] No person shall transfer or acquire a passbook, account password, etc., which is a medium access to electronic financial transactions.

Nevertheless, from February 7, 2013 to around the 22th day of the same month, the Defendant transferred the passbook (Account Number: C) and password of a national bank in the name of the accused, which is a medium of access to electronic financial transactions, to the name in an irregular place.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment of the text of the judgment), text of the judgment, and case search (related to the date of confirmation);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. There is no record of punishment for the same kind of crime before the instant crime is committed, and there is a relation between the crime of violation of the Electronic Financial Transactions Act and the crime of single concurrent crimes as stated in the first head of the crime of this case, and the fact that equity with the case should be considered at the same time as the case of judgment should be considered.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the various sentencing conditions under Article 51 of the Criminal Act.

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