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(영문) 서울남부지방법원 2018.11.16 2018고단3328
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant seeks a notice from a person who is not the deceased to exchange profits from car unions.

Around 16:00 on March 30, 2018, the Defendant’s Saemaul Bank Account (Account Number:C) was sent one copy of the physical card, which was linked to the Defendant’s name, to the Defendant’s Saemaul Bank Account (Account Number) prior to the exit of the Seocho-gu Seoul District Court No. 4, prior to the entry of the Seocho-gu Seoul District Court No. 1443, the Defendant received one copy of the Saemaul Bank’s Kakao Stockholm’s password to the Defendant’s name, and continuously acquired one copy of the Saemaul Bank’s Kakao Stockholm card (the card number:D) to use the said name in withdrawing and remitting funds.

Accordingly, the Defendant promised to employ a part-time job, lent an access medium to electronic financial transactions, and stored it by receiving an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer;

1. Protocols of seizure;

1. A seizure list;

1. Application of Acts and subordinate statutes on criminal investigation reports (the attachment of letters, emails and Kakao Stockholm photographs);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and Trade (or selection of imprisonment with prison labor) applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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