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(영문) 대구지방법원 김천지원 2017.05.16 2017고단224
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On December 23, 2015, the Defendant issued a document necessary to open an account under the name of a juristic person, such as KRW 100,000 per day from a person whose name is unknown at a place where his/her address is unknown, such as the Plaintiff’s business registration certificate, and the Plaintiff transferred the access media by delivering the cash card, password, etc. connected to the said account to a person who is not aware of the above name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Application of the statutes on documents and details of transactions related to the opening of accounts under B;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, opened a bank account under the name of one legal entity with a monetary consideration, and transferred the access media, such as cash cards connected to the said account to a person with no knowledge.

The access media transferred by the defendant was actually used for fraud related to heavy goods transaction.

The Defendant acquired benefits equivalent to KRW 100,000 from the instant crime.

Defendant has already been punished by a fine for the same kind of crime.

However, the defendant recognized the crime of this case and re-reconvened.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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