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(영문) 의정부지방법원 2017.05.24 2017고단1293

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 29, 2016, the Defendant issued a business registration certificate under the name of B (corporate registration number: C) from the head of the Seoul Young District Tax Office on February 29, 2016. On March 15, 2016, the Defendant opened a D account in the name of B at the branch of the newly established bank settlement center in the name of B, and on March 3, 2016, transferred the passbook, e-mail card, password, and password connected to the said account to F by opening the account under the name of B at the non-permanent branch of the national bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the protocol concerning the examination of suspect of the police officer;

1. Application of Acts and subordinate statutes stating the customer information inquiry table, etc.;

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 Act of the Commercial Competition;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The instant access media transferred by the Defendant was used as an operating account of illegal gambling sites (Evidence No. 25 pages) and promoted criminal acts.

If there is no person who transfers the access media like the defendant, it is difficult to operate such illegal gambling site.

Imprisonment with prison labor to be sentenced to the defendant is selected.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has led to an offense and has no previous record, etc., and community service work shall be ordered in consideration of the aforementioned circumstances.