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(영문) 수원지방법원 2017.01.12 2016고단6798
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant received KRW 250,000 per head of Tong from the deceased and the non-indicted 2,50,000 won per head of Tong on the roads in front of the Goi-gu Hospital B, Young-gu, Young-si. On August 10, 2015, the Defendant attempted to offer Kwikset through Kwikset service with passbook and physical card connected to the account of the defendant's name (D) and the National Bank (E).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about certificates of deposit transactions and details of liquidity transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is to transfer the Defendant’s access media under one’s name to KRW 250,00 per unit. The instant crime is deemed to impair the trust in financial transactions, and the crime is not committed in consideration of the fact that the access media that the Defendant actually transferred used to commit a crime and the damage has not been recovered until now.

However, considering the fact that the defendant's mistake is recognized, and is the first offender, and the defendant's name was transferred access media, and the defendant terminated each account on the day following the transfer of access media, the defendant's age, sexual conduct, etc., and all the sentencing conditions indicated in the record and change theory are comprehensively considered, the sentence is ordered as ordered.

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