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(영문) 인천지방법원 2016.06.30 2016고단2628
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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: (a) received a proposal from “E” to offer KRW 3 million per opening from the account transferee when he was aware of the account seller by selling friendly job offering D and searching the Internet for money; and (b) received a proposal from “E” to sell the account to “E”.

Accordingly, the Defendant, in collusion with D on March 16, 2016, transferred the access media by sending 1 copy of passbook 1 and 2 (G and H) card 1 and D’s bank card 1 to “E” to the Daejeon Complex Terminal located in Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Each protocol of seizure and photographs of seized articles;

1. The application of Acts and subordinate statutes, including the details of message, each investigation report (report on the analysis of the details of account transactions, each case of accomplice D's investigation, verification of the list of storage numbers of DNA mobile phones, appending the contents of message with D among the suspect's mobile phones, dialogue with E among the suspect's mobile phones, and the contents of conversations with E among the suspect's mobile phones, each document of cultivation order, judgment, results of digital evidence analysis, reports on the results of digital evidence analysis, one copy, and four copies of photograph;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include both recognition and reflection of all of the crimes.

Although there is a record of the crime of KRW 3 million for the same crime, there is no record of the suspension of execution or more, and the crime of this case is committed.

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