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(영문) 대구지방법원 2016.01.07 2015고단5309
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

1. On December 2013, the Defendant received a proposal that “The Defendant grants a passbook of KRW 300,000 to KRW 500,000 per week account” from a person in a false name in front of the Dong-gu Daegu-gu Daegu-gu, Daegu-si, and accepted it, and received KRW 300,000 in cash in return for the transfer of a passbook and a cash card connected to the account under the name of the Defendant (Account Number: B).

2. On December 2013, 2013, the Defendant received the same proposal as the statement of paragraph 1 from a person who was unaware of his name in the vicinity of the Daegu Northern-dong, Daegu-gu, and accepted it, and received 300,000 won in cash in return for the transfer of the passbook and cash card connected to the Saemaul Bank Account (Account Number: C) in the name of the Defendant.

Accordingly, the defendant transferred the electronic financial transaction access media twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of investigation reports (organization of accounts for criminal use and the title holder thereof), details of transactions (one bank), termination statements, and Acts and subordinate statutes;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding the relevant criminal facts and the selection of punishment

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is to transfer the access media for electronic financial transactions, not only undermine the trust and safety of financial transactions, but also undermine the quality of the crime because the access media can be used for various criminal acts.

However, there is no criminal record exceeding the same criminal record or fine, and the defendant's age, sex, intelligence and environment, motive or circumstance of the crime, means and result of the crime.

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