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(영문) 광주지방법원 2019.02.20 2018고단4328

전자금융거래법위반

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 5, 2018, Defendant B was sentenced to four months of imprisonment for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Gwangju District Court on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the said judgment became final and conclusive on January 3, 2019.

【Criminal Facts】

1. On February 17, 2017, Defendant A, at a bus terminal located in Gwangju-dong, Gwangju-gu, by creating and transferring a corporate passbook from a person without his/her name, promised to receive KRW 500,000 per month in return for the transfer of the passbook, and transferred the means of access, such as passbook, OTP, Internet banking ID, and password, connected to the bank account in (E)C, to a person with no name, who uses the high-speed bus freight service.

2. On October 2016, Defendant B promised to receive KRW 50 million in return for the issuance and transfer of a corporate passbook from a person who was not the deceased on his name. On December 2, 2016, the Defendant transferred the means of access, such as passbooks, OTP, IDs, and passwords connected to five accounts in total, including transfer of passbooks, OTP, Internet banking IDs, and passwords, which are linked to five accounts, from a bus terminal located in Gwangju-dong, Seo-gu, Gwangju-gu, through a bank account (G) in the name of (G) around December 2, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Search, seizure, verification warrant, reply (F), each search, seizure, verification warrant, reply (F), and reply (C);

1. Previous convictions in judgment: Criminal and investigation experience inquiry, and application of Acts and subordinate statutes significantly to this court;

1. Defendant A of the pertinent provision of criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Defendant B: Articles 49(4)1 and 6(3)1 of the respective Electronic Financial Transactions Act;

1. Injuryary concurrence Defendant B: Articles 40 and 50 of the Criminal Act (mutually between the crimes of violating each Electronic Financial Transaction Act on December 8, 2016);

1. The Defendants: Imprisonment with prison labor;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. The defendant among concurrent crimes.