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(영문) 창원지방법원 진주지원 2016.07.19 2015고단775
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2015 Highest 775] No person shall transfer or acquire any electronic financial access medium to another person.

Nevertheless, on January 2015, the Defendant transferred the electronic financial access media by transferring the e-mail card and password connected to the new bank account (Account Number B) and the foreign exchange bank account (Account Number C) opened in the name of the Defendant in front of the KT Call State located in the Busan-si, Busan-si, Busan-si.

[2015 Highest 913] From September 8, 2013 to July 17, 2013, the Defendant embezzled KRW 130,000,000 out of the above money to the Defendant’s Agricultural Account (H) for the victim, after receiving transfer of KRW 1,30,000 to the Defendant’s Agricultural Account under the name of the Defendant to the effect that the Defendant would pay personnel expenses to the on-site employees, including F, while working together with the F and nine off-site departments at the construction site of the E-building construction site in the Jinju-si, Seoul Special Metropolitan City, which was performed in D construction from September 8, 2013 to 17 of the same month.

Summary of Evidence

[2015 Highest 775]

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. Details of transactions [2015 high group 913];

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015); Article 35(1) of the Criminal Act; and each imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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