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(영문) 창원지방법원 진주지원 2016.04.27 2015고단1309

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

No person shall transfer or acquire any electronic financial access medium to another person.

1. On May 2014, the Defendant transferred a cash card connected to the Saemaul Treasury Account (Account Number D) opened in the name of the Defendant at the Changwon-si’s home located in the city of Changwon, along with a password, to C, and transferred an electronic financial access medium.

2. Around November 2014, the Defendant transferred a cash card connected to a corporate bank account (Account Number E) opened in the name of the Defendant at the trade in the sub-affiliated shop located in Jinju-si, Jinju-si, along with a password, to the said C, and transferred the electronic financial access medium.

3. On April 2015, the Defendant transferred a cash card linked to the account (Account Number F) opened in the name of the Defendant in front of our bank located in Jinju-dong, Jin-si, to C along with a password, and transferred the electronic financial access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions, details of accounts with Saemaul Bank Depository, applications for transactions with Bank Bank Accounts and details of transactions, application of Acts and subordinate statutes on transactions with Bank Accounts, and details of transactions;

1. Relevant Article 49 (4) 1 and the main sentence of Article 6 (3) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act, the selection of punishment for a crime, and the selection 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 suspended execution;

1. In light of the fact that the reason for sentencing Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) committed each of the instant offenses three times, and that the Defendant was aware of the fact that the electronic financial access media that he transferred was used in the operation of the gambling site of C, and committed the instant crime with the promise to pay a certain amount of money from C, and that the Defendant appears to have acquired approximately three million won from C due to each of the instant crimes, the Defendant’s liability is not easy.

However, the defendant commits his crime.