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(영문) 서울남부지방법원 2015.11.05 2015고단4057

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Specialized Credit Financial Business Act at Seoul Southern District Court, and the judgment became final and conclusive on October 28, 2014.

No person shall issue a transaction request in electronic financial transactions or transfer or take over the means of access, such as cash cards and their passwords, which are the means or information used for gambling to secure the authenticity and accuracy of users and the details of transactions.

1. On June 2, 2011, the Defendant: (a) received 300,000 won in return for the receipt of a passbook and a card to C within the mix of the Gangseo-gu Seoul Metropolitan Government Seodong, and acquired the means of access, such as the passbook and cash card, from the Japanese bank account (D) in the name of C.

2. On July 4, 2011, the Defendant acquired the means of access, such as a passbook and cash card in the bank account in the name of Kwikset Service, using Kwikset Service.

3. On November 21, 2012, the Defendant paid F (request for summary order on the same day) a monthly fee in return for receipt of passbook and cash card from the Japanese bank located in Yangcheon-gu Seoul Metropolitan Government, and received the means of access, such as passbook and cash card in the name of the F (G) from January 21, 2013 to June 201 of the same year, and received the total amount of KRW 2.7 million from January 2013 to June 20 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

1. Each investigation report (Listening to Statement of Witnesses) (Confirmation of F Account Trading Point);

1. Previouss before judgment: Criminal history records, replys, and application of Acts and subordinate statutes to investigation reports;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) for the pertinent provision of criminal facts and the selection of a sentence, respectively;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes