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수원지방법원 성남지원 2016.11.09 2016고단3041

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2013, the Defendant issued a summary order of KRW 1.5 million by the Seoul Central District Court for a violation of the Electronic Financial Transactions Act.

On May 30, 2016, at the Defendant’s residence located in Seongbuk-gu, Sungnam-si, Around May 30, 2016, the Defendant: (a) reported the Defendant’s mobile phone text messages received as the Defendant’s mobile phone text messages to the effect that the Defendant “to offer KRW 2 million if he/she lends the passbook; and (b) called the advertising sender to whom his/her name cannot be known; and (c) agreed to send the check card connected to the passbook under the name of

On June 2, 2016, the Defendant transferred the means of access to Kwikset Service Articles sent by Kwikseter with a physical check connected to the Defendant’s name bank account (Account Number: C) in front of the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on certificates of details by member trade;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act, even though there was a past record of being punished by a fine for the same type of crime, the matter in question is not easy for the crime of this case to be committed: Provided, That considering the fact that the defendant misleads the defendant and repents, etc., the defendant's age, character and behavior, living environment, and circumstances after the crime,