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(영문) 춘천지방법원 강릉지원 2014.01.15 2013고정468
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In using and managing the means of access for electronic financial transactions, no one shall lend the means of access for consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around May 27, 2013, the Defendant opened the Agricultural Cooperative (C) account under the name of the Defendant at the Yacheon-dong Branch in Seoul Special Metropolitan City, the Defendant lent the passbook, cash card, and password to the said account for one week, and received KRW 240,000,00,000, around that time, lent the means of access for electronic financial transactions by delivering the means of access for electronic financial transactions to the 2nd floor farming association located in Seocheon-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the certificate of deposit and application for transaction by bank;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the suspended sentence shall be imposed in consideration of the following: (a) the Defendant reflects the wrongness of the Defendant; (b) the Defendant faithfully served as a police officer for a long time; (c) the Defendant was given official commendation; and (d) the Defendant appears to have caused the instant crime due to economic difficulties after his retirement; (c) the Defendant has no criminal power; (d) the Defendant has old age and has no health conditions due to cerebral surgery; and (e) the sentence

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