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(영문) 대구지방법원 서부지원 2016.04.15 2016고단75

전자금융거래법위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around March 19, 2014, the Defendant heard the end that he would pay KRW 500,000 per month to the Defendant’s name-free person, and around March 19, 2014, at the first floor coffee shop located in Guro-gu Seoul Metropolitan Government, one passbook and one OTP connected with the Defendant’s agricultural bank account in the name-free person; around October 13, 2014, one passbook and physical card connected with the Defendant’s one bank account in the same place in the same name-free person; around November 17, 2014, one passbook and physical card connected with the Defendant’s bank account in the name-free person; and on December 15, 2014, the name of the bank and the above bank were connected with the Defendant’s name-free person at the same place in the same name-free person (F). < Amended by Act No. 12873, Dec. 15, 2014>

Accordingly, the defendant transferred the electronic financial transaction access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of investigation reports (verification of details of account transactions with suspect) Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1,

1. Protective observation and community service order under Article 62-2 of the Criminal Act;