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(영문) 서울남부지방법원 2017.12.07 2017고단4513

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person shall transfer any access medium in using and managing the access medium for electronic financial transactions unless otherwise expressly provided for in any other Act.

Nevertheless, it is possible for the Defendant to use the current account because there are circumstances under which it is impossible to use the account in need of the account from the person who was unable to receive his name (i.e., the name “C”).

After receiving the proposal to the effect that “,” and accepting it on February 2, 2015, at the coffee shop where it is impossible to know the trade name in Gangseo-gu Seoul, Gangseo-gu, Seoul, the Defendant’s name bank account (D), the Korean bank account (F), G’s name bank account (H), G’s new bank account (H), G’s name, and the company bank account (I), respectively, connected respectively, to the bank account in the name of G, and the USB, the OTP card, the account password, and the account password, which contain a certified certificate, were sent to the above name in a lump sum, and no guarantee device was installed to receive a return of the access media as above.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) there are extenuating circumstances, such as the fact that the Defendant, even though having the same record of sentencing, has returned to the instant crime; (b) the Defendant had the record of opening gambling and other functions; and (c) the media of the instant access was used for gambling on the Internet; (b) there are favorable circumstances, such as confession and reflect.