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(영문) 수원지방법원 안산지원 2016.03.11 2016고단81
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Except as otherwise provided for in any other Act, no person shall transfer any access medium to the use and management of the medium access to electronic financial transactions.

Nevertheless, on August 3, 2015, the Defendant received a proposal from a person who was in the name of the Defendant to “be paid a small amount of money from lending the passbook to carry out the items of Nuri Game,” and received KRW 200,000 from the person who was in the name of the Defendant’s bank account in the street in Singu-dong-dong, Singu, Singu, on August 3, 2015, in return for the deposit of KRW 20,00 from the person who was in the name of the Defendant’s bank account (Account No. C) and the cash card, etc., and attempted to deliver it to the person who was in the name of the Defendant through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on replies;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act of the Suspension of Execution (it is so decided as per Disposition by the assent of all participating Justices on the bench, including the following: (a) the Defendant confessions and reflects the Defendant; and (b) the benefits from the instant crime are less than 20

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