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(영문) 서울북부지방법원 2018.02.08 2017고단3916
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on March 8, 2016, the Defendant transferred an access medium by delivering to E a passbook and a e-mail card in the name of the IBK Bank Account (Account Number: D) in the name of the CBK Bank Account (Account Number) in the name of the C, in the BK Bank Account in the vicinity of the branch office of the IBK Bank in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of the Acts and subordinate statutes to banking transaction applications (stock companies);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The fact that the instant crime was committed during the period during which the instant crime was suspended due to fraud, that there was a history of being punished three times for the violation of the Electronic Financial Transactions Act - the recognition and reflection of the commission of the crime, the frequency of the crime was limited to one time, and there was no benefit of the acquisition, and there are some circumstances to consider the motive of the crime as committing the instant crime upon the E’s request.

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