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(영문) 서울남부지방법원 2017.08.23 2017고단1637
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, when the Defendant received a proposal from a person under his/her name to pay a fee for 6-8% of the amount deposited in the passbook in the name of the Defendant on May 24, 2016, the Defendant issued a cash card to the above person under his/her name via Kwikset Service, which is linked to the post office account (Account Number: B) in the name of the Defendant in front of the office of Skwikset-gu, Songpa-gu, Seoul around 66-ro, Chungcheongnam-gu, Chungcheongnam-gu, Seoul around May 24, 2016.

Accordingly, the Defendant transferred the cash card, which is a medium access to electronic financial transactions, to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. Statement of account transfer transactions;

1. 4) Application of Acts and subordinate statutes on financial transaction statements in A;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Recognizing the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is actually used for another crime, and even if it was not anticipated that such words will be used for Bosing, it appears that the approaching media will be transferred by recognizing the circumstances that the words, such as tax evasion, would be used for illegal days, taking into account the conditions for sentencing, such as the background leading up to the crime, method and means of the crime, crime history, circumstances after the crime, and the Defendant’s age, sexual behavior, etc.

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