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(영문) 수원지방법원 2017.12.08 2017고단3828
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

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around 17:00 on March 29, 2017, the Defendant received KRW 2,100,000 in return for sending an account from a person who misrepresented his/her staff member at a place of business located in C, a liquor company, and the credit union established in the name of the Defendant, which was established in the name of the Defendant, sent a physical card connected to the criminal account (D), and a password to the needy by using C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of E and F preparation;

1. Application of the detailed statement of account transactions, text messages, certificates of deposit transaction records, and written confirmation 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 suspension of execution (a confession, reflection, majority of the punishment or a previous crime of the same kind);

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