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(영문) 서울남부지방법원 2017.02.28 2015고단4888

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant:

1. On February 20, 2014, via Kwikset service articles sent by him to the person in need of his name, KRW 300,000 per head of Tong, and transfer the passbook, cash card, and password to the post office account (B) in the name of the defendant, at the Busan Shipping Daegu Makwikset service article located in Busan Metropolitan City, Busan Metropolitan City, and the person in need of his name;

2. On February 2, 2014, the Kwikset service article sent by him to a person who was named in the street near the Makset beach located in Busan Shipping Daegu, Busan, to receive KRW 300,000 per head of Tong through the Kwikset service article, and transferred the passbook and cash card under the name of the defendant (C) in Korea under the name of the defendant.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to financial transactions in the principal, screen of financial transaction information, details of deposit transactions, application form for financial transactions, and copy of the passbook;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (a) the Defendant had been punished three times for the same type of crime for the reason of sentencing; (b) the Defendant’s transferred access media was used for the crime of Bosing; and (c) the Defendant could have anticipated that his access media will be used for an illegal day; and (d) other circumstances, such as the motive, means, and consequence of the crime; and (e) the circumstances after the crime.