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(영문) 춘천지방법원 2017.11.06 2017고단809
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 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 and managing access medium used in electronic financial transactions, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, on March 15, 2017, received a proposal from a deceased person on the name of the first police officer, stating that “The head of a Tong is required to evade liquor business, 200,000 won per month, 60,000 won per month, 3 of the head of a Tong shall be paid every month, 10,000,000 won per month, and 10,000,000 won per month,” from the deceased person’s name. On March 15, 2017, the Defendant sent it to Kwikset who sent it to the service by the deceased person, and notified the deceased person of the password number of each of the above accounts under the name of the Seoul Seocho-gu Seoul Metropolitan Government C Building on March 15, 2017.

Accordingly, the Defendant transferred the access media connected to three financial accounts in the name of the Defendant respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of the suspect against the defendant (including the details of transactions attached thereto);

1. Statement of the police statement related to G;

1. Application of some copies of the bankbooks, such as deposit receipts and deposit certificates without passbooks;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The new bank account that was transferred by the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was actually used for the crime of Bosing, and the rest of the accounts were deposited and withdrawn, and it seems that it was used for the crime. The Defendant also received a proposal that it would be used for the crime of tax evasion, etc.

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