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(영문) 인천지방법원 부천지원 2018.03.08 2017고단2785
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 any access medium used in electronic financial transactions.

1. On May 11, 2017, the Defendant: (a) opened a national bank account in the name of the bank account in the name of the Defendant (C) around May 2017; (b) opened a bank account in the name of the Defendant who was aware of jobs on the Internet; and (c) transferred a passbook, cash card, OPT, and security card, to the above non-indicted 1 through Kwikset service provider, after opening a bank account in the name of the Defendant’s bank account in the name of the Defendant; and (c) transferred the passbook, cash card, OPT, and security card, which are linked to the said account, to the above account, to the above non-indicted 200,000 won.

2. On May 16, 2017, the Defendant transferred the access media connected to the new bank account via Kwikset service provider with the proposal as indicated in paragraph (1) and opened a new bank account in the name of the said State B (D) and then, issued and transferred the access media, such as passbook, cash card,OPT, and security card, connected to the said account, on the street in front of viewing at hand at hand at hand, in front of viewing at hand.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. (State) A statement of account transactions;

1. Application of the Acts and subordinate statutes to applications for new transactions, delegations, and applications for banking transactions;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions, such as the nature of the crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the motive and background of the crime, the agreement and the number of transferred access media;

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