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(영문) 광주지방법원 순천지원 2015.06.12 2015고단576
존속상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person violating the Electronic Financial Transactions Act is prohibited from transferring a means of access used in electronic financial transactions;

A. On October 2014, the Defendant transferred a cash card connected to the Defendant’s post office account (D) on the front of a restaurant located in the cafeteria B market at the net Incheon City B, via Kwikset Service, the means of access used for the electronic financial transaction to the name partner.

B. On November 201, 2014, the Defendant transferred e-mail cards connected to the Defendant’s e-mail account in the name of the new bank (G) in the name of the Defendant’s wife on the front of Macheon-si, Kwikset Service to the means of access used for e-mail and electronic financial transactions.

2. On December 23, 2014, the Defendant: (a) demanded to lend KRW 100,000 to the victim I (the age of 80) located in the family room of the Defendant’s father I (the age of 15:20 on December 15:20, 2014; (b) however, on the ground that the victim did not lend it, the Defendant suffered injury to the stroke-in salt that requires treatment for about 14 days on the ground that the victim did not lend it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A written statement prepared in the I;

1. On-site photographs;

1. A written diagnosis of injury;

1. Family relation certificate:

1. A written petition;

1. Communications data meetings;

1. A specification of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of data on post office accounts);

1. Article 257(2) of the Criminal Act of the pertinent Article on criminal facts (the point of injury sustained by a lineal ascendant), Article 49(4)1 of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014); and Article 6(3)1 of the former Electronic Financial Transactions Act (the point of each transfer of means of access)

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the basic area of Type 1 (General Injury) (In April to June). The reason for sentencing under Article 62-2 of the same Act.

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