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(영문) 광주지방법원 2016.12.09 2016고단4284
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, as to the Defendants, each of the above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 22, 2016, Defendant B was sentenced to two years of suspension of the execution of ten months for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court, and the judgment became final and conclusive on June 30, 2016. Defendant A was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on June 22, 2016, and the judgment became final and conclusive on June 30, 2016.

【Criminal Facts】

No one may transfer or take over the means of access, etc. to electronic financial transactions, however, the Defendants were asked to prepare a passbook by means of taking over the passbook from the visitors under the direction of F to mislead him/her.

1. On April 3, 2015, the Defendants conspired with the Defendants to acquire and transfer the means of electronic financial transactions by purchasing G-name bank (H) passbook, e-mail card, and OTP device from G prior to the completion point of the national bank located in the Suwon Mine-gu, Gwangju. Around that time, the Defendants acquired and transferred the said passbook, e-mail card, and e-mail card to F.g., the means of electronic financial transactions.

2. On June 22, 2015, Defendant B obtained from I the National Bank (J) of I prior to the number completion point of the National Bank in the Gwangju Mine-dong, the Defendant acquired and transferred the foregoing passbook, physical card, andOTP means of electronic financial transactions by using the passbook, physical card, etc. to F.

3. The sole criminal conduct of Defendant A;

A. On June 11, 2014, the Defendant transferred the means of access to electronic financial transactions to F under the name of the Defendant at the Standing District of Gwangju (K), passbook, physical card, and OTP equipment, etc.

B. On March 19, 2015, the Defendant transferred the means of access to electronic financial transactions to F under the name of the Defendant, such as a corporate bank (L), passbook, physical card, andOTP device, to F.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s part.

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