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(영문) 서울중앙지방법원 2016.11.29 2016고단7413

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 29, 2016, around 18:00, the Defendant agreed to receive 5 million won per month from the entrance of the Dong-dong apartment in Gangnam-gu Seoul, Seoul, to receive 146-ro 18 for six months, and transferred the means of access, such as physical cards, connected to the company bank account (C) under the name of the Defendant to the name partner through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A facsimile of the deposit certificate;

1. Statement of transactions by account and application for transactions;

1. A written inquiry of each specification of transactions;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances as seen below): The defendant committed the instant crime for the purpose of unfair consideration; the circumstances in which the means of access transferred by the defendant was actually used for the commission of singing: The defendant reflects his wrong; the defendant has no same kind of criminal record and has no record of being sentenced to imprisonment without prison labor or heavier punishment; the decision of the sentence to deposit KRW 1,500,00 for the victim of singing: The above circumstances and the defendant’s age, character and behavior, career, home environment, motive and means of the crime, and circumstances after the crime, etc.; the sentence shall be determined as per the disposition, taking into account all the various circumstances, which are the conditions for sentencing as shown in the argument