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(영문) 의정부지방법원 고양지원 2018.02.02 2017고단2922
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing access media, no one shall transfer access media unless otherwise specifically provided for in other Acts, and correct the details of the specific facts charged as stated in the indictment and the applicable legal provisions. Nevertheless, on April 15, 2014, the Defendant received KRW 300,000 from B to the non-permanent area located in the Geum-dong, Geum-dong, Geumju-dong, the head of which is granted KRW 300,000 from B as the fee for the head of the Tong in the name of the Defendant, and transferred six approaches, such as the head of the Tong, physical card, and the OPT security card, to the above B, on six occasions in total, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made by the police against D;

1. Korea standards set forth in Section 1: (E); (f) one copy of the transaction account of a national bank; (f) one copy of the transaction account of a national bank; (G) one copy of the transaction account of a corporate bank; and (H) one copy of the transaction account of a bank account of a corporate bank;

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 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, transfer of an access medium, such as the instant case, with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, is in need of strict punishment since it would impair the safety performance of electronic financial transactions and would be used as a means of other crimes, and the actual use of the access medium provided by the Defendant appears to have been used

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that it is the first offender who has no record of criminal punishment until now.

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