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(영문) 광주지방법원 목포지원 2020.02.25 2019고단1519

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on October 2016, the Defendant acquired the means of access, such as the head of Tong, OTP, and cash IC card in the name of the Dispute Settlement Bank Co., Ltd. from B (E) in the vicinity of Seoul Yangdong, from around 2016 to July 10, 2017, by continuously providing 1.5 million won in cash at the same place, and by providing 1.5 million won in cash at the same time, and taking over the means of access, such as the head of Tong, 25 accounts, as shown in the attached list of crimes, from the above date to July 10, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each prosecutor's statement concerning B and F;

1. Investigation reports (verification of the details of pronouncements to the court of first instance), written judgments, etc.; and

1. Report on internal investigation - Attachment of a statement (G), statement, and data submitted;

1. Application of the Acts and subordinate statutes, such as investigation report (specific report by the transferee of a corporate passbook (A), and details of imposition by workplace subscriber;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning the selection of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] [the scope of punishment [the type 2] [the crime for the purpose of business, organizational and criminal use] - Where the principal offender plans, directs the execution of the crime (the crime of organized type 2]], where the number of means of access is large quantity, or where profits from the crime are large amount of profits (the scope of recommendations and the scope of recommendations] special aggravation, imprisonment from October to March 9 [the scope of recommendations corrected by the sentencing guidelines], and imprisonment from October to March 3.