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(영문) 광주지방법원 2018.02.21 2017고단3695
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 28, 2013, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Electronic Financial Transactions Act, etc. in the Changwon District Court’s Busan District Court’s assistance, and the judgment became final and conclusive on December 20, 2013. On November 28, 2014, the Defendant issued a summary order of KRW 3 million with the same offense at the Incheon District Court’s District Court and five times of the same record.

[2] Except as otherwise expressly provided for in other Acts, no person may borrow or lend an access medium, or store, deliver, or distribute the access medium in using and managing the access medium.

On May 28, 2013, the Defendant reported and contacted the transfer of passbooks on the Internet, and received KRW 400,000 per account. On the same day, the Defendant transferred the access media by delivering the passbook and the check card connected to the Busan Bank's account (C) opened at the Busan Bank's Dopdong branch located in Seo-dong, Seo-gu, Daejeon.

On May 9, 2013, the Defendant transferred one sheet of passbook and e-mail card, respectively, linked to the credit cooperative account (Account Number D) opened in the name of the Defendant through Kwikset Service, to the credit cooperative account (Account Number D) opened in the name of the Defendant.

Summary of Evidence

1. Previous convictions: Inquiries about criminal history and text of judgment "2017 Highest 3695";

1. Statement by the defendant in court;

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

1. Report of the police statement to E " 2017 Highest 4515 Highest 4,015";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the details of transfer of the police statement to F of the suspect interrogation protocol for the accused, copy of passbook, and transaction details to the accused;

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

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.

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