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(영문) 창원지방법원 2016.07.21 2016고단1748

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 27, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Electronic Financial Transactions Act due to the violation of the Electronic Financial Transactions Act, etc. at the Sungnam branch support on the Suwon branch, and on May 14, 2014, on March 17, 2015, the Defendant completed the execution of each of the above punishment in the Ansan prison on March 17, 2015.

[Criminal facts]

1. On July 15, 2015, the Defendant: (a) around 13:00, at around 1461, transferred the access media used in electronic financial transactions over three occasions, such as the day table (1) in attached Form 2, including the receipt of a physical card connected to C (E)’s Saemaul Treasury Account in the name of D (Representative C) from the location of the Saemaeul Undong branch in Gangdong-gu Seoul Metropolitan Government.

2. On July 15, 2015, the Defendant, at around 22:00, distributed access media used in electronic financial transactions, knowing that it will be used for four times as part of the attached crime list (2) of the list of crimes committed by the Defendant, upon receipt of a request from F to seek a large account to be used in private sports discussions from the 467 street-dong, Gangdong-gu, Seoul Metropolitan Government, for the use of the large account from F, and received KRW 500,00,000 and KRW 1,000,000 to F.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Investigation report (to attach details of transactions in the Saemaul Treasury and the bank account of Korea);

1. Applications for deposit transactions in the name of the Saemaul Bank in the name of D, agricultural cooperatives in each name D, and business account replies;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the history of repeated crime);

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1, 6(3)1 (a) and 6(3)1 of the Electronic Financial Transactions Act (a point of receipt of access media) concerning the selective criminal facts, Articles 49(4)2 and 6(3)3 (a point of distribution of access media) of the Electronic Financial Transactions Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes is the same as the period of repeated crimes due to a violation of the Electronic Financial Transactions Act.