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(영문) 전주지방법원 2018.02.22 2017고단2571
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

1. Nevertheless, the Defendant would give KRW 300,00 per unit if he establishes a “corporation from a high-speed line C” and transfers the passbook to another person.

“Around November 8, 2016, the Sinsan-si Transport transferred one head of a Tong connected to the National Bank Account (E) in the name of a limited company D, which was established by the Defendant prior to the point of transportation of the National Bank (E) in the name of the Defendant, to the said C.

2. The defendant would give KRW 300,000 per unit if he establishes a corporation and transfers a passbook from the above C.

“Around November 16, 2016, the head of Seocheon-gun, Seocheon-gun, the head of the Eup/Myeon, and at the port of the Nong Bank, the head of the Tongng-gun, Dongcheon-gun, and the head of the Tong connected to the Nong Bank Account (F) in the name of the said limited company D, transferred the Nongju-do Access Media to the said C.

3. The defendant shall give KRW 300,000 per unit if the defendant establishes a corporation and transfers a passbook from the above C.

“Around December 6, 2016, at the time of Mapo-si, Mapo-si, Mapo-si, Mapo-ro, 94, one head of a Tong connected to the Nong Bank Account (H) in the name of G G of the limited company G established by the Defendant prior to the point of Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to each of the financial transaction information, such as transfer data, the closure of a text message sent and received at the time of transaction, certification of closure, and a certificate of registered matters;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are to recognize all the criminal facts of this case and to reflect their errors.

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