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(영문) 수원지방법원 2017.06.08 2017고단1256
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions in using or managing such medium.

Nevertheless, on October 20, 2016, the Defendant provided 1.5% per transaction amount in cash when offering an account to be used for the transaction of the clothing supply business from the person who was in an irregular situation, and offered the visa and the aircraft ticket.

“On receipt of text messages, “A” accepted the proposal, and according to the Defendant’s prosecutor’s statement of the personal card and password of the Defendant’s bank D account under the name of the Defendant at the night of “C” located in the Chinese Cheongdo around 13:00 on October 26, 2016, the personal identification number is the password, according to the Defendant’s prosecutor’s statement.

OTP was transferred by franchising.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a detailed statement of transfer of money from damage, and a detailed statement of transaction in D accounts in the name of National Bank A;

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. The act of transferring the electronic financial transaction access media on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the grounds for sentencing) has great social harm and injury, such as not only undermining the credibility of financial transactions, but also undermining the transfer of the access media for another crime, which could lead to an unspecified number of

On two occasions in 2015, the Defendant had the record of being sentenced to the suspension of indictment due to the violation of the Electronic Financial Transactions Act, and thus, the transfer of the access medium was well aware of the criminal act, and even according to the Defendant’s assertion, the Defendant transferred the access medium upon receiving a promise to pay for the illegal purpose, such as tax evasion.

The access media transferred by the defendant was actually used in criminal acts, causing a lot of damage.

Therefore, it is necessary to strictly punish the defendant.

(b).

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