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(영문) 수원지방법원 안산지원 2016.09.22 2016고단2940
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

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

Nevertheless, on June 23, 2016, the Defendant received a text message stating “300,000 won per day” from a person who had misrepresented “B” staff, and contacted the person under whose name the Defendant was named, and sent a copy of the physical card, which is linked to the “C’s bank account (Account Number: D) of the same day, to the above-mentioned Seoul Terminal at around 50,000,000 won per day from the person under whose name the card was not opened to the passbook’s account.” On the same day, the Defendant sent a copy of the physical card, which is linked to the “C’s bank account (Account Number:D)” of the above terminal’s bus dispatch service, to the person under whose name the name was named, at around 18:05, Seoul Special Metropolitan City Gwangjin-ro, Seoul, by using the bus dispatch service of the above terminal.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on details of deposits and detailed statement of accounts by account;

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 reasons for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be determined in consideration of all the circumstances, including the confession of the instant crime and the fact that the Defendant has no record of punishment for the same kind of crime.

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