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(영문) 수원지방법원 여주지원 2016.08.03 2016고단461
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

On January 22, 2015, the Defendant is a person who has been sentenced to suspension of indictment for a violation of the Electronic Financial Transactions Act by the Incheon District Court.

Except as otherwise expressly provided, no person shall transfer any access medium to any third person.

Nevertheless, at around 15:00 on February 1, 2015, the Defendant transferred a physical card linked to the Defendant’s name-oriented bank account (number C) via Kwikset Service Articles, which sent the name-free winners to the first floor of the building B in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to reply materials and account details to a warrant of search and seizure;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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