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(영문) 서울남부지방법원 2018.10.11 2018고단4069
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That 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 any access medium in using and managing the access medium for electronic financial transactions unless otherwise expressly provided for in any other Act.

Nevertheless, around November 2017, the Defendant received a telephone from the head of the defendant's office located in Guro-gu Seoul Special Metropolitan City, Seoul, to use for the shopping mall operation from the head of the family residing in China, and consented to the transfer of the head of the Tong. On December 2017, 2017, the Defendant received a telephone from the above D and sent the head of the Tong and the head of the OTP to the defendant's bank account under the name of the defendant. On the following day, the Defendant sent a password to the above branch of the head of the Tong-gu Seoul Metropolitan City, which is located in the Do Do Do Do 7, and opened one head of the Tong and one OTP connected to the above account.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of inquiries into customer information and details of transactions thereof;

1. A detailed statement of transactions of deposits and withdrawals (the National Bank Account under the suspect's name);

1. Application of investigation reports (as to the transaction details of passbooks in the name of the suspect), and the statutes on the transactions of deposits and withdrawal;

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (transfer of access media and choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62(1) of the Act on the Suspension of Execution ( considered as favorable sentencing factors among the reasons for sentencing) of the Criminal Act (see, e.g., “the reasons for sentencing”), the access media that the Defendant transferred for the reason of sentencing was used for the purpose of money laundering of the proceeds derived from the crime of Bosing, and the fact that the amount of proceeds from the crime deposited in the account linked with the above access media is very large, etc

However, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as ordered by considering the fact that the defendant has no record of punishment, has lived in the Republic of Korea faithfully, and the defendant's age, sex, and environment, etc.

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