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(영문) 서울남부지방법원 2018.01.12 2017고단4796 (1)
자본시장과금융투자업에관한법률위반등
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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

B around February 2, 2016, upon request from the Defendant, to make one passbook in the name of “D” office located in “D”, to use it for the financial investment business, the Defendant respondeded to the request by the Defendant, and opened (F) a corporate bank account in the name of “E” around March 2, 2016, and opened (F) an enterprise bank account in the name of “E” office in the name of “E” around March 2, 2016. On March 2, 2016, the Defendant provided B with the above D office with one passbook, physical card, and OPT card connected to the said enterprise bank account.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Legal statement between the defendant and B;

1. Application of Acts and subordinate statutes to the specifications of separate accounts, data on the settlement of investments by investors' source, data on the list of members, data on the settlement of deposits and withdrawals by program;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (or by imprisonment); Article 6 (3) 1 of the same Act (or by choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The circumstances favorable to the Defendant’s transfer of an access medium to the crime of running a financial investment business without any prior criminal records: The Defendant has no previous criminal records; the Defendant has led to a confession and reflect of a crime; and the Defendant’s age, sexual behavior, environment, etc. shall be determined as per the disposition, taking into account the two factors of sentencing indicated in the record.

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