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(영문) 전주지방법원 2016.08.11 2016고단694
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On January 2016, the Defendant was offered to offer Snden with the face value of KRW 300,000,000,000 in the face-to-face game money in the name of the Defendant when he transferred the passbook from the person in a name-free will, and attempted to offer Snden with the access media, such as the passbook, physical check, OTP card, and password, in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The fact that the accused who has no record of committing the crime is divided by mistake, and that he remitted the amount equivalent to the amount of damage to the victim of the telephone finance fraud crime in order to reflect his mistake, etc.);

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