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(영문) 수원지방법원 2017.01.12 2016고단5789
전자금융거래법위반등
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

1. On April 12, 2016, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred the passbook and check cards connected to the Defendant’s name bank account (D) to the Defendant’s home located in Young-gu, Young-si, Young-si, and through Kwikwikset’s service.

2. On May 28, 2016, the Defendant: (a) heard that he/she would give a loan of KRW 9 million to a third party by withdrawing money from an account opened in the name of the Defendant; and (b) informed the account number (E) of a national bank in the name of the Defendant to the third party.

On June 3, 2016, the Buddhist made a false statement to the effect that he/she would make a phone call to the victim F at an irregular place, and that he/she would deposit money in the Maspbook by misrepresenting that he/she is an employee of the business team of the National Bank business team of the National Bank, and he/she received money from the victim to the above national bank account in the name of the defendant from the victim to the above national bank account in the name of the defendant.

On the same day, the Defendant, with the knowledge of the source of the gold acquired in an unlawful manner at a new branch of the National Bank of Korea, which is located in the Silung-dong, Gidong-dong, the Defendant, in accordance with the instructions of the wounded, e.g., prevented the Defendant from committing the crime of fraud by withdrawing the gold, and delivering it to the wounded in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on account transactions, CCTV photographs, and account details;

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) regarding criminal facts, and the choice of imprisonment, respectively;

1. Article 32(2) and Article 55(1)3 of the Criminal Act mitigated for aiding and abetting (with respect to aiding and abetting fraud)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is referred to.

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