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(영문) 전주지방법원 2018.02.08 2017고단2468
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on the face of the head of the Tong, created a transaction performance and offered a loan to him/her, and the head of the Tong under the name of the corporation is favorable to him/her in order to accumulate the transaction performance.

“Around April 2017, the former University Lifelong Education Center located in Busan-si, Jeonju-si transferred each passbook, physical card, OTP, etc. connected to the account under (D) and (E) of a national bank in the name of the Defendant, the representative of which is a limited company C, and the Nong Bank’s account.

2. On June 2017, the Defendant heard the foregoing horses from a person in the name of the deceased, and transferred the passbook, physical card,OTP, etc. connected to the bank account (F) of the above limited company C, to a person in the name of the deceased.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each statement of G, H and I;

1. Application of Acts and subordinate statutes on financial transaction information and communications data;

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

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) is that the defendant recognized the crime of this case and expressed his/her intention of reflect on the mistake, that the defendant is the primary offender (Provided, That the defendant was suspended from indictment by obstructing the performance of official duties in around 2014), and that he/she appears to have committed somewhat contingent acts to obtain a loan in difficult circumstances, etc. favorable to the defendant

However, “Access media” such as the physical card is like the issuance of a false tax invoice through an organized gambling crime that promotes serious gambling, such as various property crimes such as scaming fraud, or Internet gambling.

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