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(영문) 서울서부지방법원 2016.09.07 2016고단1197
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant decided to transfer an account to a person who was named in his/her name through the passbook transfer site that was searched and identified on the Internet as a result of need for money, such as card payment and settlement, and then opened a passbook, a check, a check card, and an OTP device connected to the one bank account under the name of the Defendant, to the Kwikset service provider who sent a person who was named in front of the store located in Seocho-gu Seoul Metropolitan Government, around 60,000 won.

Accordingly, the Defendant transferred the passbook, e-mail card, and OTPP to another person, which are means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on specified financial transaction information and details of passbook transactions;

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

1. According to Article 62(1) of the Act on the Suspension of Execution, a person who actively committed the crime, such as searching the site of the transfer of the passbook via the Internet and opening the passbook for the purpose of transfer (the investigative record 373-736 pages, 480-481 pages). The person who opened the passbook was also aware of the fact that “the amount to pay the price for the goods is greater” (the investigative record 23 pages), and the person who actually received the actual money in return for the transfer, and the person who transferred the passbook transferred by the Defendant was deposited in the number of billion won as the passbook was used for a considerable period of time, shall be sentenced to imprisonment with prison labor; however, considering the circumstances, such as the first crime and the fact that the crime is against the law, the sentence shall be

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