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(영문) 수원지방법원 성남지원 2017.03.24 2016고단4197
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, on July 2015, the Defendant transferred three new bank passbooks (Account Number: C, D, and E) in the name of the Defendant to the article of Kwikset Service, which was linked to each of the above passbooks, 3, 2, 2, 2, 2, 2, and 3, 2, 1, 1, 1, 1, 1, 1, 1, 2, and 2, connected to the above passbooks (Account Number: F, G) in the name of the Defendant to the article of Kwiksetset Service, and 1, 2, connected to the above passbooks (Account Number: H) in the name of the Defendant, and 1, 1, 2, connected to the above passbooks (Account Number (Account Number: I) and 3, and 3, 2, linked to the above passbooks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (to be submitted by a suspect and a report on the results of execution of a warrant of search and seizure;

1. Application of Acts and subordinate statutes, such as data on account opening and transaction details;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is an act that makes it easy for an unspecified number of unspecified victims to commit a crime that causes property damage, such as telephone and financial fraud, and the harm is very high, and the transfer of multiple passbooks and check cards in the name of the juristic person is disadvantageous.

However, considering the fact that the defendant seems to be against the truth, there is no material that the defendant has gained substantial benefits due to the crime of this case, and the fact that the defendant has no criminal record for the same kind of crime and the circumstances of Article 51 of the Criminal Act, the punishment as the order shall be

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