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(영문) 전주지방법원 2017.09.14 2017고단1154
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years 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 any access medium in using and managing the access medium.

1. The Defendant, from a person in an unsound name, “on the face of the transfer of the cash card, etc., he/she will unsatisfy seizures required to the Defendant’s passbook and raise credit.

“On the receipt of a proposal, around June 2016, at the end of the Seoul Special Metropolitan City, the Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal City Special Metropolitan City Special Metropolitan City Municipal City Special Metropolitan City Special Metropolitan City Municipal City Special Metropolitan City Special Metropolitan City Financial Institutions (C) and transfer the access media, such as cash cards and OTP connected to the account (C) of the company

2. The Defendant would give 500,000 won to the face of the transfer of a cash card, etc. from a person who is not his/her name.

" Upon receipt of the proposal, at the end of July 2016, the Defendant transferred the cash card and the OTP connected to the account (D) in the name of the national bank in the name of the limited company B established by the Defendant at the end of the immediately preceding bus terminal in the immediately preceding city.

3. The Defendant would give 50,000 won on the face of the transfer of a cash card, etc. from a person who has no name.

“In receipt of the proposal, on October 2016, 2016, the police officer transferred the cash card connected to the new bank account (E) in the name of the Defendant in the name of the company with limited liability established by the Defendant, and the OTP to the non-resident using the express bus freight.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. G statements;

1. Application of Acts and subordinate statutes on details of transfer, an application for transaction, a business registration certificate, a complete certificate of registered matters, and financial transaction;

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 Concurrent Crimes (only between the crimes of violation of the Electronic Financial Transactions Act among the policemen on June 2016, the end of July 2016, and the end of October 2016);

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 Criminal Act, the suspension of execution;

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