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(영문) 대전지방법원 천안지원 2016.09.20 2016고단1202
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

Except as otherwise expressly provided for in other Acts, no person shall transfer or acquire any access medium or establish a pledge.

Nevertheless, around January 2, 2014, the Defendant issued a new account under the name of the corporation in the name of the head of the foreign exchange bank in the territory of Gangseo-gu Seoul Airport through a certificate of personal seal impression, a business registration certificate, and a power of attorney to (C) foreign exchange bank account in the name of B, and transferred the passbook, cash card, and an OTP card to the general book or management book using Kwikset service, and from that time until March 31, 2015, the Defendant opened or reissued the account under the name of the corporation in total of 161 times from that time to March 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation:

1. Each report on investigation;

1. Application of re-issuance application, business registration certificate, full certificate for registered matters, certificate of seal imprint, and power of attorney;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade, applicable to the crimes, and selection of imprisonment;

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 suspended execution;

1. An unfavorable circumstance is that a person committed several times the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and participated in organized crimes.

It is more favorable to the fact that there is no past record of the same crime, which has been punished more than a suspended sentence.

These circumstances are taken into account.

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