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(영문) 창원지방법원 진주지원 2017.10.27 2017고단417
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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, around 20:00 on November 24, 2016, the Defendant agreed to receive KRW 3,000,000 from the person in the name in front of the Geum-si apartment site in the Geum-si, Jin-si, Jin-si, who was affiliated with the industrial bank account (B) in the name of the Defendant and the national bank account (C) respectively, sent to the person in the name in question through Kwikset-si's service article.

Accordingly, the Defendant transferred two copies of the above physical card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the statutes on response to financial transaction information;

1. Relevant legal provisions and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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