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(영문) 서울남부지방법원 2018.11.14 2017고단5695
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, on May 2016, the Defendant received a proposal from the person who was in the name of the first police officer and agreed to pay KRW 1,500,000 for the first month. At that time, the Defendant issued Kwikset’s account (B) bank account in the name of the Defendant to the person who was in the name of the Defendant through Kwikset in front of the Gwikset Kim Jong-dong Airport Station in Gangseo-gu

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transactions between A business bank account holder A;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Preliminary Financial Transactions, the circumstances and contents of the crime of this case on the grounds of sentencing of imprisonment for the selective punishment, the circumstances and contents of the crime of this case, and the above crimes are often used as other means of crime. In practice, even in this case, the access media transferred by the defendant is used for the crime of fraud and the damage therefrom is deemed to have occurred. After the crime, the circumstances appear to have occurred: Provided, That the defendant seems to have no actual profits acquired due to the crime; the fact that there is no special criminal history other than once from the fine prior to the crime of this paper; the defendant's age, career, health status, family relationship, etc. are favorable or unfavorable to the defendant as shown in the oral proceedings such as the age, career, family relationship, etc.

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