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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2423
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 transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, on October 11, 2016, the Defendant transferred one cash card, which is the access media of the Defendant’s corporate bank account (D) to a third convenience store located outside Asan-si, B, and 5, in a manner of delivering to a lender a name-free person who assumes the name of the lender through a convenience store.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: A sentence shall be determined as ordered in comprehensive consideration of the Defendant’s age, sexual conduct, environment, motive, means, consequence, etc., and the circumstances before and after the commission of the same kind of crime, which are favorable to the fact that the offender committed a second offense even though he was punished for the same crime: The fact that the offender is recognized and reflected in the crime; and that there was no substantial damage since the amount

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