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(영문) 수원지방법원 성남지원 2016.05.26 2016고단167

A defendant shall be punished by imprisonment for not less than three 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.


Punishment of the crime

No person shall transfer any access medium.

Nevertheless, around July 24, 2015, the Defendant transferred access media by sending a new bank passbook (Account Number: D) and cash card under the name of the Defendant to the non-standing person using Kwikset Service in front of the Defendant’s residence in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition, details of each transaction, bank reply, and bank transaction application;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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

1. The Defendant, with regard to the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act, was negligent in committing fraud in 2013 and was investigated, again transferred the passbook to the head of the Tong.

However, the execution of a sentence shall be suspended in consideration of the fact that the error is against the wrong and the acquired benefit is not confirmed, and protection observation, etc. shall be ordered to prevent recidivism.