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(영문) 수원지방법원 여주지원 2016.08.03 2016고단471
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium.

Nevertheless, the Defendant, at around 10:00 on March 2, 2016, paid the cash card amounting to five million won on the face of a week from a person who is in secret name in the Defendant’s dwelling in Suwon-si B Building 502.

“On the same day,” after receiving a telephone, agreed to send the Defendant’s cash card on the condition that the Defendant receives KRW 5 million, the Defendant transferred the cash card, password, etc. to a name-free person, which was opened in the name of the Defendant through Kwikset Service Articles in front of the Defendant’s residence, and the cash card, password, etc. in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on internal investigation reports (the replys to a warrant of seizure, search, verification, the nominal holder of the account), and details of account transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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