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A defendant shall be punished by imprisonment for one year.
Seized evidence Nos. 1 through 11 shall be confiscated from the accused.
Reasons
Punishment of the crime
1. Violation of the Electronic Financial Transactions Act;
A. On October 2014, the Defendant stated in the bill of indictment as “Policeman on November 1, 2014.” However, the Defendant, upon undergoing an investigation by the prosecution, stated the date and time of transfer of the access media as “on October 1, 2014.” According to the bank transaction application and the Defendant’s entry and departure record, the Defendant opened a bank deposit account on October 14, 2014. The Defendant, upon entering the Republic of Korea on October 3, 2014, entered the Republic of Korea on October 25, 2014, left the Republic of Korea and entered the Republic of Korea again on December 17, 2014. Therefore, it is reasonable to deem that the date and time of transfer of passbook, etc. under the Defendant’s name as “Policeman on October 14, 2014.”
In addition, this part of the facts charged is recognized by the defendant, and the same purport is stated by the prosecution after being investigated. Thus, even if the date and time of the crime are recognized differently from the written indictment without going through the amendment process, it is not likely to hinder the defendant's exercise of defense.
Therefore, unlike the written indictment without following the amendment of indictment, the date and time of the crime in this part is recognized as “the around October 2014.”
In the vicinity of the Daegu Seo-gu stop, “a request to create a passbook” was received from a person who was not the name (C) and accepted the proposal, and delivered the passbook, the cream card, and the password connected to the bank account (C) under the name of the defendant to the person who was not the name of the defendant, and received KRW 10,000 from the person who was not the name of the defendant.
Accordingly, the defendant transferred electronic financial transaction access media to a nameless person.
B. On September 8, 2015, the Defendant: (a) heard the horses that “the receipt and delivery of passbook” from a person who was unable to receive from a name (E) on the street prior to the exit of 1 gold-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si