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(영문) 의정부지방법원 2016.05.18 2016고단1132

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On November 25, 2011, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated at the Seoul Southern Prison on August 5, 2015.

A person is prohibited from transferring, taking over, or establishing a pledge over a passbook, check, etc., which is a medium access to electronic financial transactions. On December 21, 2015, the Defendant received a proposal from the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government to provide a loan if he/she sent the check from his/her name in front of the Defendant’s residence in Gangseo-gu, Seoul, and accepted the proposal and delivered the check to the Defendant’s bank account (Account Number:D) without any specific agreement on the return of the check to the Defendant’s name.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police for E;

1. A list of customer information inquiries and details of transactions of entry and departure;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (or choice of imprisonment with labor);

1. Article 35 of the Criminal Act provides that the reason for sentencing of aggravated repeated crimes recognizes his/her mistake and reflects the fact that the defendant has been punished for multiple crimes, and other conditions of sentencing, such as the defendant's age, sex, environment, motive, motive, circumstances after the crime, etc., shall be determined by taking into account the following factors:

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