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(영문) 수원지방법원 성남지원 2016.03.24 2015고단2993
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

[2015 Highest 2993] On September 15, 2015, the Defendant made a new passbook (Account Number: D) in the name of the corporation of C, a new bank located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, and transferred the above passbook to B, after hearing the phrase “to issue a business operator registration and to offer money in return for the issuance of a corporate passbook” from B.

[2016 Highest 310]

1. On September 8, 2015, the Defendant opened a bank account (Account Number: E) of this name Co., Ltd. at a bank located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and transferred the passbook and cash card to B and transferred the access media.

2. On October 29, 2015, the Defendant opened a national bank (Account Number G) account in the name of F Company at the National Bank located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and transferred the passbook and cash card to B and transferred the access media.

3. On September 25, 2015, the Defendant opened a bank account with F’s name (H account number) in Korea Bank located in the Station of Seongdong-gu Seoul Seongdong Island, and transferred access media by delivering the passbook and cash card to B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement made by I, J and K;

1. Each written statement of L and M;

1. Application of the relevant statutes to inquire into the details of transactions, certificates of confirmation of transfer, details of transfer of other accounts, and the results of transfer by Korean banks;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (or Selection of Imprisonment with prison labor);

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 reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are shown in the arguments in this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, etc.

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