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(영문) 의정부지방법원 2017.12.13 2017고단4588

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

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.

1. Around May 2016, the Defendant: (a) transferred a passbook, check, password, andOTP card connected to the bank account (E) of the name of the corporation established by himself/herself to C that supplies an illegal sports earth site operator B at a mutual influence near the Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, to B; and (b) transferred the passbook, check, password, and OTP card to B.

2. Around August 2016, the Defendant: (a) transferred the passbook, physical card, password, andOTP card connected to the above (F) bank (G) name D, and the new bank (G) name D, established by the Defendant, to C that supplies an illegal sports earth site operator B at an irregular site of Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the prosecution;

1. An application for bank transactions;

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 concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade (only between violations of the Electronic Financial Transactions Act around August 2016);

1. Selection of each sentence of imprisonment;

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. Consideration of factors such as the fact that the defendant's transfer of access media for the reason of sentencing under Article 62 (1) of the Criminal Act is up to three, unfavorable circumstances such as the fact that each account has been used for a crime, and favorable circumstances such as the fact that the defendant has no criminal record exceeding the same criminal record and