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(영문) 서울서부지방법원 2017.08.16 2017고단1324
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On March 21, 2017, the Defendant discovered an overseas high-profit part-time advertisement during the Internet search, and received a proposal from the name-free c, one-name C with a bank passbook, check card, security card, etc. in the name of the Defendant, and accepted the proposal to the China, and then entered China around March 29, 2017, and then, on March 30, 2017, the Defendant agreed to receive KRW 9 million per month from the name-free restaurant located in the name of the Defendant’s bank account (D), our bank account (E), Busan bank account (F), company bank account (G), and company bank account (G), and issued 4 passbook cards, 5, 45, and 4, and 4, respectively, connected to the bank account under the name of the Defendant to the Chinese.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of deposited receipts, financial data replies, a detailed statement of deposit transactions, mobile phone text messages, and current status of entry or departure statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is as follows: (a) in light of the fact that the Defendant initially received orders from the singingman in order to help him to work and transferred the approaching media to China, the quality of the crime is not good; (b) the Defendant’s approach media transferred by the Defendant was actually used for the singing of the singing and causing damage; (c) however, the Defendant was the first offender; and (d) the Defendant was committing the instant crime for the purpose of supporting the poor families; and (e) the Defendant was recognized as committing the instant crime and is against the depth.

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