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(영문) 광주지방법원 2018.06.15 2017고단5671

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for eight months.

However, it is against the Defendants for two years from the date the judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in the Electronic Financial Transactions Act.

1. On February 2016, Defendant A received a proposal from D to “The 300,000 won per week of the face-to-face account after creating the corporate name account” from Defendant A, and around that time, transferred the cream cards and OTP cards connected to the bank account (F), Gwangju Bank account (G), and the Agricultural Cooperative Account (H) to D, and around April 2016, the cream cards and OTP cards connected to the bank account (J) of the I in the KF bank account (J) of the I in the KF bank account.

2. Around February 2016, Defendant B received proposals from D as described in paragraph (1) from D, and thereafter thereafter, Defendant B transferred physical cards and OTP cards connected to K’s bank account (L), corporate bank account (M), and Korean bank account (N) to D, and transferred to D physical cards and OTP cards connected to the agricultural bank account in the name of the said company (O), the agricultural bank account in the name of the said company, and the agricultural bank account (P) around April 2016.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. A copy of a petition, etc., inquiry into personal information of customers, reply data on financial transaction information, inquiry of customer information, and application documents for the establishment of an account;

1. Application of Acts and subordinate statutes to investigation reports (including confirmation of the date of establishment of KP and accompanying documents);

1. The Defendants of the relevant criminal facts: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act; and

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants who choose the penalty: Imprisonment with prison labor (the details of the crime, motive and content, profits acquired, attitude and attitude in the course of investigation, etc.);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants of suspended execution: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Do1448, Jan. 1, 2008).