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(영문) 수원지방법원 평택지원 2017.01.19 2016고단2245
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 issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of the details of transactions with users and users.

Nevertheless, on June 5, 2016, the Defendant received 1.5 million won per account from his name in front of the fixed door of the Samsung semiconductor Construction site in Pyeongtaek-si. The Defendant transferred the access media through Kwikkset Service, which is linked to the account of the company bank (B) bank in the name of the Defendant and one physical card connected to the account of the company bank (C) bank (C) bank in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (the result of account tracking);

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. 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. Determination on the application of sentencing criteria under Article 62 (1) of the Criminal Act: It shall not be applicable;

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