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(영문) 서울중앙지방법원 2017.04.14 2016고단9075
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the Busan District Court’s Vice-Support on July 8, 2016, and the judgment became final and conclusive on July 16, 2016.

The Defendant, who was in charge of withdrawal of remittances from the victims who suffered from telephone finance fraud, and then remitted money to the accounts managed by the members of the staff of the telephone finance fraud organization, in collusion with C and D, which is the name of the Chinese telephone finance fraud organization, and the liability for withdrawal of domestic remittances, and in collusion with D, which is the liability for withdrawal of other domestic remittances on April 21, 2016, the Defendant was able to receive the passbook and debit card from F, the passbook and debit card from the new bank account in the name of G, and the passbook and debit card from F, and the debit card from the bank account in the name of G, e, 303, around April 21, 2016, and receive them through Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the public prosecutor in the protocol of interrogation of the suspect in relation to C, D, and J;

1. Entry into a protocol of seizure and a list of seizure;

1. Each image of remittance receipts stored in a mobile phone;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes described in the investigation report (report, etc. accompanied by the text of judgment) and the text of judgment (276 pages of investigation records);

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (i., the access media that the defendant acquired is not used as a means of actual fraud; the defendant is led to a crime; the crime of this case is committed first head of the judgment that became final and conclusive; the crime of this case is a concurrent crime of the latter head of Article 37 of the Criminal Act; and the principle of equity with the case of a crime of violation

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