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(영문) 서울북부지방법원 2018.12.20 2018고정1515
전자금융거래법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant was sentenced to imprisonment with prison labor and six months for violating the Electronic Financial Transactions Act at the Seoul Northern District Court (Seoul Northern District Court), and the said judgment became final and conclusive on September 8, 2018.

On January 20, 2018, the Defendant transferred to the name influencies using Kwikset and one copy of OTP card, which is an access medium connected to the bank account (D) in the name of the Defendant in front of Seongdong-gu Seoul building B, using Kwikset.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer of the amount of damage;

1. Previous convictions in the judgment: Application of thenet search table and the text of the judgment (2018 Height 1702) to the statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (in light of the substance, circumstance, etc. of the crime of this case, even if a judgment was rendered with respect to a violation of the Electronic Financial Transactions Act as stated in the judgment, even if the judgment was rendered, it appears that the more severe punishment was not imposed. Thus, the crime of this case and the above crime for which judgment became final and conclusive are exempted from punishment in consideration of equity

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