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(영문) 제주지방법원 2016.12.09 2016고단2122
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, on January 7, 2016, the Defendant: (a) received a proposal from C, which was known to him in the course of distributing a commercial sex acts leaflet; and (b) received, and consented to, the payment of the daily allowance and the price for the transfer of the card, which was sealed until now, if he sent a cash card by opening one account for receiving the income; and (c) received, around January 7, 2016, the Defendant issued a passbook and cash card connected to the said account by opening a personal compromise account in the name of the Defendant in the new union located near the Nomuriri in Jeju, Nowon-gu, Seoul; and (d) transferred the means of access to the said account by notifying the cell phone text.

2. No one shall advertise any business establishment that performs commercial sex acts, arrangement of commercial sex acts, etc.;

Nevertheless, on May 16, 2016, the Defendant advertised sexual traffic by distributing 500 heads of 50 scams around the Mour and entertainment taverns, stating the content of “F and LOV sck kack F” at the entrance and entertainment drinking room in which Jeju is linked.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Statement of the police officer to I;

1. The details of letters A and J between A and F, the details of letters between A and K, the details of letters between A and K, the details of letters between A and L, the details of letters between G and A, the details of the advertisement for soliciting the distributors of the leaflets and their books;

1. Application of the relevant photographs, photographs of the scene of arrest, and Acts and subordinate statutes governing the interrogations and photographs;

1. Article 49(4)1 of the Electronic Financial Transactions Act and Article 49(4)1 of the same Act concerning criminal facts and the choice of punishment;

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