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(영문) 의정부지방법원 2018.04.11 2018고단693
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall transfer or take over any access medium.

Nevertheless, on April 2017, the Defendant proposed that he would offer the e-mail card from a person in an influencies to KRW 100,000 or KRW 200,000,000,000 from his name, through the Internet Pool “Pool”, and around that time, the Defendant sent the e-mail card from the national bank account (B) opened in the name of the Defendant through Kwikset service in front of the central office located in the city of the Gyeonggi-do government.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Evidence C, C, and D;

1. Application of Acts and subordinate statutes to confirm the results of electronic financial transfer, a detailed statement of deposit transactions, sales information, photographs, text messages, cybercrime reports, and written confirmations of the results of electronic financial transfer;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection 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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