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(영문) 전주지방법원 2017.05.24 2017고단367
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of 2017 shall transfer any access medium to the use and management of the access medium.

Nevertheless, the Defendant, after establishing an old-age corporation from a person in the name of the accused, proposed that he will give KRW 700,000 in return for the transfer of the account under the name of the corporation. On February 2, 2016, the Defendant transferred the passbook, check card, and the OTP creation machine connected to the bank account (C) opened in the name of the company with limited liability in the name of the Defendant in the old-gu Seoul Special Metropolitan City.

No person of "2017 Highest 714" shall transfer any access medium to any third person in using or managing the access medium.

On March 2016, 2016, the Defendant transferred cash cards and OTP cards, which are access media connected to the Agricultural Cooperative Account (D) in the name of the Defendant, the representative of the Defendant, from a high-speed bus terminal located in Geumjin-gu, Geumjin-gu, Seoul Special Metropolitan City, the Defendant sent to the Defendant as an express bus freight, and transferred the access media.

Summary of Evidence

[2017 Highest 367]

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A certificate of deposit checking;

1. The content of the Kakao Stockholm dialogue, including the content of the Kakao Stockholm dialogue;

1. An application for a transaction, a business registration certificate, and a certificate for all registered matters (2017 high group 714);

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Application of Acts and subordinate statutes to copies of agricultural CIF data

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized all of the crimes of this case and is against the mistake, and that there is no record of punishment for the same kind of crime, etc. are favorable to the defendant.

(b).

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