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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단447
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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 shall lend any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, on November 7, 2016, the Defendant listened to the speech that “if you send an account not used, to KRW 2,00,000,000 per one account to KRW 3,00,000,000 per one account” from a person in an influence of name, the Defendant transferred a new bank account (number : B), a national bank account (number : C), and a personal identification number to the above influence.

As above, the Defendant committed two approaches to each of the above commitments.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of statutes on the verification of each deposit, confirmation of transfer transactions, inquiry of customer information, and details of transactions of entry and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

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 on the suspension of execution (Considerations, non-electric records, family environment, support relationship, etc.);

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