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(영문) 대구지방법원 2016.07.14 2016고단1825

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 8, 2015, the Defendant, along with B (the indictment of detention on April 8, 2016), made a passbook to the next in Daegu Franchis, opened a passbook to sell it to C. On June 2015, the Defendant offered that D and E “I create a Tong Tong-do 200,000 won if I opened a Tong-do gate.”

1. On June 2015, the Defendant: (a) taken over the access media in the name of D and transferred the following: (b) around 4, 2015: (c) around D’s 1 head of a national bank bank in the name of D (F) and one cash card connected to D’s above head of a bank and one password; and (d) B, around that time, shall receive KRW 800,000 per head of a Tong at the location in Daegu Non-gu; (b) around that time, C provided the above name of the head of the Tong, one cash card connected thereto, and one head of the cash card connected thereto.

Accordingly, in collusion with B, the Defendant acquired and transferred the access media in the name of D.

2. On June 2015, the Defendant: (a) received, along with B, one head of a national bank bank (Account Number G) in the name of E and one cash card connected with the said passbook from E in the vicinity of the lives of the National Bank in Daegu North-gu, Daegu-gu, Daegu-gu, and around June 2015; (b) B received 800,000 won per one head of a Tong at a location in Daegu-gu, Daegu-gu, and (c) obtained c with one cash card and one password connected to the said passbook.

Accordingly, in collusion with B, the Defendant acquired and transferred the access media in the name of E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of each prosecution against D or E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act concerning 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. The reason for sentencing of Article 62(1) of the Criminal Act is unfavorable.