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(영문) 서울중앙지방법원 2016.09.19 2016고단1574

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 10, 2009, the defendant purchased a passbook and provided it to the singish criminal organization, and has been sentenced to a two-year suspended sentence of imprisonment for a year due to fraud, etc. in the support of the Daegu District Court Ansandong District Court on December 10, 2009.

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, from March 2013 to October 20 of the same year, the Defendant, in collusion with his employees D, transferred the passbook, cash card, and password to the related persons, etc. at KRW 700,000 to KRW 750,00 per account per account, including the company bank account (Account No. 61302070708025) in the name of the company bank account (Account No. 613020708025) in the name of the company bank account in the name of Dong-gu, Yeongdeungpo-gu, Seoul Metropolitan City, Gyeonggi-gu, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, and the Internet gambling site at KRW 50,00 per account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of a public prosecutor with regard to D;

1. Statement by each prosecutor about E;

1. Previous convictions in the judgment: A criminal investigation report (Attachment of a judgment in violation of the Electronic Financial Transactions Act before H, and a copy of the judgment (Seoul District Court Decision 2009 High Court Decision 487 dated April 1, 209); and

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013); Article 30 of the Criminal Act concerning criminal facts;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as the reasons for sentencing) is that the defendant transferred a number of access media again despite the past that he/she had been punished as a suspended sentence of imprisonment for the same crime.