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(영문) 인천지방법원 2017.02.02 2016고단8600
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 of "2016 Highest 8600" shall transfer any access medium.

Nevertheless, around March 22, 2016, the Defendant opened a bank account (C) of B in the name of the corporation in the name of Yongsan-gu Seoul, Yongsan-gu, Seoul, with a proposal that he/she would offer KRW 100,000 per head of the Tong if he/she had opened and delivered a corporate passbook in the name of the corporation B in the name of the corporation in the name of Yongsan-gu, Seoul. On March 23, 2016, the following day, he/she opened a bank account of B in the name of the corporation in the name of the corporation in the name of Gangdong-gu, Gangdong-gu, Seoul, and transferred the passbook, physical card, and OTP connected to the account to the above non-name.

No person of "2016 Highest 9097" shall transfer or take over any medium of access to electronic financial transactions.

Nevertheless, on March 2016, the Defendant issued a proposal to offer KRW 100,000 per head of the Tong to deliver the passbook, etc. by opening an account in the name of a juristic person from a person in the name of the deceased person. On March 21, 2016, the Defendant transferred the access media of electronic financial transactions by delivering the passbook, e-mail card, and OTP card, which are access media connected to the new bank account (E) opened by the Defendant in the name of the non-party in the name of the non-party.

Summary of Evidence

"2016 Highest 8600"

1. Statement by the defendant in court;

1. A copy of the police statement made to F "2016 Highest 9097";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of a seizure warrant-related data and replies);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice 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 (The following circumstances are considered in favor of the reasons for sentencing).

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