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(영문) 광주지방법원 2018.12.21 2018고단4042

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, at around 18:50 on February 27, 2018, the Defendant promised to receive KRW 6 million in return for the transfer of the e-mail card from a person in a nameless injury in front of the building, and transferred two e-mail cards connected to the e-mail bank account in the name of the Defendant (number C: number C) and the e-mail bank account (number D:).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of tax inquiries into the transaction, remittance receipts, electronic financial transfer results confirmation, internal investigation reports (Attachment to data on replies by financial institutions), and Kakao dialogue;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the accused acknowledges the facts of crime and repents the wrong facts, and that there is no record of punishment for the same kind of crime);