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(영문) 서울남부지방법원 2019.02.18 2018고단4634
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer or take over the means of access, but the defendant did not confirm the personal information, office, etc. of the person who received the proposal from his/her name in return for the proposal, and did not specify the specific time, method, etc. of receiving the check and transfer the check to the defendant's name at the request of the above person without his/her name. On the same day, the defendant transferred the check card and password to the defendant's name C deposit account (Account Number: D) in Seoul Guro-gu, using Kwikset Service on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Act on the Punishment, etc. of Crimes, although the defendant has been sentenced twice to a fine for violating the Electronic Financial Transactions Act, taking into account

1. Social service order under Article 62-2 of the Criminal Act;

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