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(영문) 대전지방법원 2013.04.12 2013고단493
전자금융거래법위반
Text

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

Seized evidence subparagraph 3 shall be forfeited from the accused.

Reasons

Punishment of the crime

around August 13, 2012, the Defendant: (a) established a so-called “age-based corporation” near the Seoul Jung-gu Seoul Central District Corporation; (b) established a so-called “the form-based corporation”; and (c) promised to purchase KRW 81 means of electronic financial transactions from the total amount of 25 times until January 12, 2013, in total, KRW 36,450,00,00, in total, a total amount of 81 electronic financial transactions, as indicated in the attached crime list, in the form of electronic financial transactions, from D, the nominal owner and the actual user of which opened and sold a passbook in the name of the corporation, and established in the name of another form, “the one in which the account holder and the actual user are another”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the protocol of interrogation of the police officer regarding D (four times);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation Act (hereinafter “Confiscation”) is that there is a criminal conviction of imprisonment without prison labor or more, but there is no personal circumstance such as old and old family relationship and economic situation (negative). The number of criminal offenses committed in 2009, and the number of means of electronic financial transactions that have been taken over is considerably large, and a telephonephone was used in the course of committing the crime. When remitting the means of access to the means of access, one of the means of access, which has been taken over, sells it to a third party and has been sold to a third party and left 10 to 120,000 won per one, and even if it was not accurately known that it was provided for a specific crime during that process, it would have been sufficiently known that it was provided for an illegal act.

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