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(영문) 대구지방법원 김천지원 2018.04.03 2018고단33

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend or transfer any access medium to any third person, or store, deliver or distribute such medium, while receiving, demanding or promising to receive any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, the Defendant, on the Internet, made a report on the advertisement giving KRW 50,000 won to a corporation, and transferred the passbook to the Defendant. On April 1, 2016, the Defendant transferred the passbook, physical card, password, etc. under the name of the national bank account (Account Number C) in the name of the Defendant (representative A) bank account opened by the Defendant after receiving KRW 400,00 from a person who was unable to know his/her name at the Dong-gu Incheon-dong bus terminal located in Daegu-gu, Daegu-dong, Daegu-gu, Seoul-dong, and transferred the passbook access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of D or E;

1. Investigation report (the confirmation report of the date of lease, such as the head of Tong, etc.);

1. Application of Acts and subordinate statutes, such as a certificate of transfer confirmation, an application for new transaction (B), etc. to the bank for the settlement of accounts by the B;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order was that the Defendant transferred the access media with monetary consideration.

The defendant has three criminal records for the same crime.

The access media transferred by the defendant was actually used in the operation of the illegal gambling site.

The Defendant obtained a benefit of KRW 400,000 as a result of the instant crime.

However, the defendant is re-competing.

A defendant has no record of criminal punishment exceeding a fine for the same crime.

In full view of the above circumstances, all the sentencing conditions, such as the defendant's age, health, sex, family relationship, and circumstances after the crime, the punishment shall be determined as ordered.