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(영문) 수원지방법원 평택지원 2017.03.29 2016고단2732
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

No person shall transfer or take over any access medium.

Nevertheless, on March 3, 2016, the Defendant accepted and consented to the offer that he would pay 1.5 million won per month if he/she transfers a passbook from a person in a false name via a telephone conversation. On March 5, 2016, at the entrance of the new apartment complex B complex in the name of the company bank in the name of the Defendant at the entrance of the company bank passbook (Account Number B) and the new bank passbook (Account Number (Account Number: C) connected thereto, and the physical check card connected thereto was issued to Kwikset service.

Accordingly, the defendant transferred the access media to the defendant.

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 against D;

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

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. Determination on the application of the sentencing criteria under Article 62(1) of the Criminal Act (i.e., confession and reflectivity, motive for crime, acquisition of profits, and all other circumstances considered, such as the history of crime);

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