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(영문) 대전지방법원 천안지원 2016.10.04 2016고단1295
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than five 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

No person shall transfer or acquire any means of access used in electronic financial transactions unless otherwise specifically provided for therein.

Nevertheless, on February 17, 2016, the Defendant received a proposal from a person who has no name, stating that “The Defendant will give KRW 2 million to one month per head of the Tong who has transferred the passbook.” On or around February 19, 2016, the Defendant, using Kwikset services in front of the two offices in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and transferred cash cards connected to the bank account (B) in the name of the Defendant, cash cards connected to one bank account (C), national bank account (D), and cash cards to the person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement concerning E and F;

1. A list of bank replies based on Korea Standards, applications for bank transactions, and specifications of deposit transactions;

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

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts (the transfer of electronic media, such as cash cards);

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

1. Imprisonment with prison labor chosen;

1. It should be taken into account that there is no substantial benefit of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and that the defendant has lived faithfully without criminal records for the last ten years or more.

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