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(영문) 창원지방법원 진주지원 2015.09.15 2015고단670
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2015, when the Defendant sent a cash card linked to the Defendant’s account from a person (one person C) with no knowledge of his name prior to the Defendant’s home located in Hadong-gun, Hanam-gun, to receive money equivalent to 10% of the amount transferred to the said account in return for the receipt of the cash card. The Defendant sent each of the cash cards linked to the Defendant’s post office account (Account Number D, E), and Suhyup account (Account Number F) under the Defendant’s name to a person with no knowledge of the said name. On April 10, 2015, the Defendant continued to receive 10% of the amount transferred to the relevant account from a person with no knowledge of the said name from a convenience store located in Hadong-dong, Hanam-dong, Dong-gun, to a person with no knowledge of the said name, and received 10% of the amount transferred to the said account in the name of the Defendant’s account (Account Number D, E, account Number F) and 105% account under the Defendant’s name.

As a result, the Defendant lent the means of access while receiving or promising compensation in using and managing the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to the inquiry about details of transactions of deposit and withdrawal, internal investigation reports (attached to the results of immediately transferring transfer by user), specifications of account and application for cooperation, etc., copies of family relation certificates, copies of confirmation documents of prohibition of illegal or unlawful trading, CCTV withdrawal photographs, each investigation report (related to attachment of text messages and copies of bankbooks, cash cards, account numbers, etc. of post offices transferred by a suspect A, accompanying copies of bankbooks and account numbers, and confirmation of the amount received in return for cash card transfer);

1. Relevant Article 49(4) of the Electronic Financial Transactions Act and Article 49(4) of the same Act concerning criminal facts and the choice of punishment;

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