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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2740
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, at around 20:00 on February 13, 2017, the Defendant: (a) received a proposal from a non-name-based person to “to offer another person’s account every month 200-3 million won every month in return for the opening of the company’s tax,” and (b) transferred the access media using Kwikset’s service to the Defendant’s name-based SC bank account (Account Number D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant transferred a physical check even if he was punished twice for the same criminal records, and that the physical check card transferred by the defendant was actually used for the actual crime of telephone fraud, and its nature is heavy.

However, the sentencing factors, such as the defendant's age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as per the order, taking into account all the factors of sentencing as shown in the records and arguments of this case.

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