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(영문) 서울중앙지방법원 2018.11.21 2018고단5582
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, at the Incheon District Court on November 21, 2014, was sentenced to a fine of KRW 2 million for a violation of the Electronic Financial Transactions Act; on October 13, 2015, a fine of KRW 4 million was sentenced to a violation of the Electronic Financial Transactions Act at the Seoul District Court; on January 18, 2017, the Seoul Central District Court sentenced the Defendant to a violation of the Electronic Financial Transactions Act; on July 19, 2017, the execution of the sentence was completed by the Seoul Southern District Court on July 19, 2017; on March 22, 2018, the Seoul Southern District Court sentenced the Defendant to a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on April 2, 2018.

2. No person shall transfer or receive any access medium;

Nevertheless, around March 8, 2018, at the apartment guard room of the defendant's apartment located in Gangnam-gu Seoul Metropolitan Government, the defendant left one head of the physical card connected to the C bank account (D) under the name of the defendant to the guard room and let the person in charge of his name and caused the person in charge of his name and notified the password by telephone.

Accordingly, the defendant transferred the access media to the defendant.

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 for E;

1. A written petition, written confirmation of the results of transfer, and response materials;

1. Records of the judgment: Criminal history inquiry, personal confinement status (A), investigation report (report attached to the previous judgment related to the previous judgment), Incheon District Court Decision 2014 High Court Decision 3570 High Court Decision, Seoul Central District Court Decision 2015 High Court Decision 2015 High Court Decision 2015 High Court Decision, Seoul Central District Court Decision 2015 High Court Decision 3022 High Court Decision, Seoul Central District Court Decision 2016 High Court Decision 2016 High Court Decision 6776 High Court Decision, Seoul Central District Court Decision 2017 High Court Decision 9127 High Court Decision

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That both the crime of this case and the crime for which judgment became final and conclusive on the grounds of sentencing under Article 39(1) are crimes violating the Electronic Financial Transactions Act by transferring access media, and the Defendant has committed three times.

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