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(영문) 서울남부지방법원 2016.02.16 2015고단5366
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2015. 7. 중순경 서울 서초구 신반포로 194 서울 고속버스 터미널에서, ‘ 위 챗’ 채팅어 플을 통해 알게 된 C에게 피고인이 설립한 주식회사 D 명의의 접근 매체인 기업은행 통장( 계좌번호 : E), 위 통장계좌와 연결된 현금카드, OTP 보안카드를 양도한 것을 비롯하여, 그 무렵 별지 범죄 일람표 기재와 같이 총 17개의 접근 매체를 각 양 도하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application for new transactions, response to account books, investigation reports (Attachment to a detailed statement of transactions), verification of termination of accounts, application of Acts and subordinate statutes on the register of corporations;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. In recognition of the fact that the defendant can be used for a crime, the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: (a) an act of establishing a legal entity with no substance and receiving instructions from the name or incompact of the telephone finance fraud group for the purpose of obtaining a loan, and transferring the access media to 17 pages; and (b) such an act is a crime leading to a serious social crime, such as telephone finance fraud, and even

It is not possible to punish a person as imprisonment or imprisonment.

However, taking into account the fact that the defendant was not systematically involved in the crime, such as telephone finance fraud, etc., the fact that the defendant did not acquire any benefit from the commission of the crime, the fact that the defendant led to confession and seriously reflects the crime, the fact that there is no record of the crime other than the one-time juvenile protective disposition, and the support for the father of the person who was killed.

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