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(영문) 청주지방법원 2017.09.14 2017고단826
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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, the defendant purchased the passbook from the people who reported the purchase advertisement of the passbook on the Internet site, and sold it again and received profits from it.

On March 11, 2016, the Defendant received 400,000 won and transferred the passbook, cash card, security card, and password of the new bank account (E) in the name of D Co., Ltd. established by C, the representative of which was the Defendant, from C who reported and contacted the purchase advertisement of the Internet site at the Incheon High-speed Bus Terminal, by using a high-speed bus bus bus box. At that time, the Defendant received 1.5 million won and transferred to the purchase account of the non-name-specific passbook.

The Defendant, including that, from February 16, 2016 to August 2, 2016, received 400,000 won per head of Tong, cash card, security card, and password, a total of 30 access media as indicated in the attached crime list, and transferred it from C, and around that time, received 1.5 million won per opening and transferred it to a person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Statement made by the police against C;

1. A copy of bankbook;

1. Details of text messages;

1. Application of statutes governing certified copies of registry of each corporation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade (or each choice of imprisonment with labor), applicable to the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is the time of committing the crime, and there is a criminal record of the same kind in favorable circumstances, such as the fact that the wife and her children are in the position to support them, the number of transferred bankbooks is not large, the crime committed with the awareness of being used for other crimes, and the fact that the defendant committed a crime with the awareness of being used for other crimes, and the fact that the defendant actually transferred passbooks.

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