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(영문) 수원지방법원 안산지원 2016.12.14 2016고단3641
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall transfer any passbook, cash card, etc. necessary for electronic financial transactions.

Nevertheless, around March 2016, the Defendant received a promise that “if the Defendant transfers an account to use it for the exchange account of a sports soil site, he transfers KRW 1,500,000 per account to a person who is not in contact,” and transferred the passbook, cash card, andOTP card, which are connected to the account in the name of the bank holding company in the name of the bank holding company (326-1137-5017) established in a company bank.

Summary of Evidence

1. Defendant's legal statement;

1. A report;

1. Application of Acts and subordinate statutes to banking transaction certificates, business registration certificates, and account statements;

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

1. Although there was a record of the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, the crime of this case has been committed again.

However, it seems that the mistake is recognized, and it seems to be contradictory.

There is no criminal record exceeding the fine due to the same crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the character, conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.

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