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(영문) 광주지방법원 순천지원 2015.12.21 2015고단1691
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any means of access necessary for electronic financial transactions.

Nevertheless, around June 15, 2015, the Defendant received a proposal from influenites Park 85-1, the Defendant transferred the means of access necessary for electronic financial transactions at the same time in the name-based bank account in the name of the Defendant through Kwikset Service, one cash card in the name of the Defendant, one new bank account (number B) card in the same name, one cash card in the same name, and one new bank account (number C: number): one cash card in the name of the Defendant, and one cash bank account in the same name (number: D) and one cash card in the same name.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. The statement of G police officer;

1. A certificate of deposit, statement of financial transaction information, written application for a postal card member, and statement of transactions;

1. Application of Acts and subordinate statutes confirming the details of deposits and withdrawal;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant transfers a number of cash cards to the defendant, and that the transferred cash cards and accounts have been used for the scaming crime is disadvantageous to the defendant.

However, the punishment as ordered shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant was unable to obtain the price for the above crime, the confession of his/her crime, and his/her depth, and the sentencing conditions indicated in the records, such as the age, character and conduct, environment, and circumstances after the crime

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