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(영문) 대전지방법원 서산지원 2017.10.19 2017고단677
전자금융거래법위반
Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed 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 the access medium with the knowledge that it is to be used for a crime or to be used for a crime in using and managing the access medium.

Nevertheless, the defendant, on April 18, 2017, will give three million won per account to a private sports betting company, which is a non-standing person in the name of the non-standing city.

Kwikset sent the Kakset Card to Kwikseter’s Kazkseter’s Kazkseter’s Kazkseter’s Kazkseter’s Kazkseter’s Kakseter’s Kaz.

Accordingly, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on account transfer data, such as account transfer details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the account transferred by the Defendant has been used for the actual fraud, it is necessary to punish the Defendant solemnly.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act are determined by comprehensively taking account of the fact that the defendant seems to have no profit from the crime of this case.

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