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(영문) 광주지방법원 목포지원 2019.05.10 2018고단1258

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on February 12, 2016, and the judgment became final and conclusive on February 12, 2016, and the execution of the sentence was completed in the Southern Prison on September 12, 2016, and on February 7, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 1 year and 6 months of imprisonment and dismissed on May 15, 2018, and the said sentence became final and conclusive.

In using and managing the means of access to electronic financial transactions, no person shall transfer or take over the means of access, receive, request or promise any compensation, receive or lend the means of access, or keep, deliver or distribute the means of access.

Nevertheless, the Defendant received or transferred a total of 41 accounts, as shown in the attached list of crimes, 41 accounts, OTP, etc. from a person in default of his/her name, by paying 70,000 won per unit of the means of access, such as D Bank (Account Number: E) in the name-based corporation C in the name-based corporation name-based corporation, and by taking over the means of access of electronic financial transactions, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of the police officer against F, G, H, I, J, or K;

1. Investigative reports (in addition to evidentiary materials verifying the addition to the transfer account of the means of access);

1. Previous records: A copy of the judgment, such as criminal records, criminal records, and records of the same kind of crime, and personal confinement;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes is that the Defendant established a corporation by mobilization of her relatives immediately after the release of the crime of this case and then takes over 41 passbooks.