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(영문) 서울중앙지방법원 2018.02.22 2017고단8031
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 an access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, the Defendant heard, on July 2017, the proposal that “The head of a Tong and the physical card will be given one million won per week.” On July 23, 2017, the Defendant received, in return, the passbook and physical card connected to the Defendant’s bank account (Account Number C) in front of the branch office of the KB National Bank, which is located in the 660-ro of the Gyeonggi-si Government, on July 23, 2017.

Accordingly, the Defendant transferred electronic financial access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Written complaints filed in D;

1. Details of deposit and withdrawal transactions and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on response to financial transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Suspension of Execution Act: The head of Tong provided by the defendant used for committing the crime of fraud, the circumstances favorable to the defendant who made a false statement at the early stage of the investigation: The confession and reflect of the crime, and there is no criminal record beyond the same criminal record and fine;

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