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(영문) 대구지방법원 서부지원 2018.01.24 2017고단1495
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

[criminal records] The Defendant was sentenced to a fine of one million won for violating the Electronic Financial Transactions Act at the Daegu District Court on August 8, 2014, and was sentenced to a fine of two million won for the same crime at the Changwon District Court on March 9, 2015. On November 17, 2016, the Daegu District Court was sentenced to a suspended sentence of six months for a violation of the Electronic Financial Transactions Act, and was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Daegu District Court on November 25, 2016. The said judgment became final and conclusive on November 25, 2016.

[Criminal facts] No person may transfer or arrange the transfer of any access medium for electronic financial transactions for consideration.

Nevertheless, the Defendant consented to the proposal that “I will offer money of 20-3 million won per page to be used in the management of gambling capital” from a line B, which he became aware of in the society, and that “I will offer money to the Defendant’s private village C,” and that I would offer money to the Defendant’s private village in the Daegu or does not exceed Daegu, the Defendant transferred or arranged the access media to five accounts from that time to August 2015, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Request for financial transaction information, investigation report (investigation into the nominal owner of the account), and investigation report (Attachment to judgment in violation of theB Electronic Financial Transactions Act);

1. Previous conviction in judgment: Inquiry of criminal history data and application of the text of the judgment;

1. Article 49 (4) 1, Article 6 (3) 1, Article 49 (4) 4, and Article 6 (3) 5 of the Act on Electronic Financial Transactions Concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Criminal Act, the suspension of execution;

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