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(영문) 대전지방법원 천안지원 2016.08.04 2016고단730
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise provided for in any Act, no person shall transfer or acquire any access medium in using and managing any medium access to electronic financial transactions.

Nevertheless, on December 2015, the Defendant: (a) received a proposal from a person who was in the name of the first police officer to “to offer KRW 3 million per week from the person who borrowed the head of the Tong and the card; and (b) around that time, the Defendant transferred the passbook and the check card connected to the company bank account in the name of the Defendant’s name to the company bank account in the name of the Defendant, using Kwikset-si’s Kwikset’s service in the name of the company bank account in the name of the Defendant, which is at least 803 times per annum, Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. It shall be taken into account the fact that there was no record of punishment heavier than that imposed on the grounds of sentencing under Article 62(1) of the Criminal Act, and that the victim was restored to the victim.

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