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(영문) 대구지방법원 서부지원 2017.11.29 2017고단942

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium to any third party in using and managing the access medium of electronic financial transactions.

On April 27, 2016, the Defendant: (a) received a proposal from a person who had posted a “large-Scale Alba,” on the Internet bulletin board; (b) received documents related to the opening of a corporate passbook account from a person who has no name, and sent the bank account under the name, 1.50,000 won per account; (c) received documents related to the opening of the bank account from the person who opened the bank account on April 20, 2016, and sent the bank account under the name, 105902964206); (d) received documents related to the opening of the bank account from a person who has no name, the Defendant sent the bank account under the name, 1.50,01-33569) to the person who opened the bank account under the name, 1.50,000,000 from the person who sent the bank account to the person who opened the bank account under the name, 1.50,016, and 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Certificates of deposit receipts and the results of electronic financial transfer;

1. Investigation report (report on the result of the execution of a warrant in the name of the International Bank of Korea), financial transaction response (comnet with the administrator of the credit rating company), investigation report (verification of the date of transfer of a suspect passbook), and the application of Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act in cases where the criminal defendant committed the crime in this case and has no record of the same crime);