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(영문) 수원지방법원 2016.03.24 2015노7308
외국환거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Evidence of No. 1 to No. 3 of the seized evidence, .

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. We examine ex officio the ex officio determination of the violation of the Electronic Financial Transactions Act and the grounds for appeal by the defendant prior to the determination of each appeal.

(a) No person who is aware of the substance of the facts charged with the violation of the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with intent to use it for a crime or with the knowledge that it is to be used for a crime;

1) On December 201, 201, the Defendant leased one bank account (Account Number: G) and debit cards, etc. in the name of business F with a view to using them for unregistered foreign exchange business, called “refluence” on the first floor of Ecomher in Seoul, Jung-gu, Seoul, for the purpose of using them for unregistered foreign exchange business.

2) On January 2012, 2012, the Defendant leased a passbook, debit card, etc. from a national bank account (Account Number: I) in the name of the Defendant’s member of the National Bank account (Account Number) with the same purpose as that set forth in the above paragraph (a) from the first patrolman.

3) On May 2014, the Defendant borrowed a passbook, debit card, etc. from the account of the Suhyup Bank (Account Number:K) of the name of the Defendant at the above Ecom with the same purpose as the set forth in the foregoing paragraph (a) at the Ecom.

As a result, the Defendant was aware that he was used for a crime or used for a crime, and was given a loan to him.

B. As to this part of the facts charged, Article 6(3)3 of the Electronic Financial Transactions Act, which prohibits “the act of borrowing access media with the knowledge that it will be used for a crime or used for a crime,” which was revised by Act No. 13069 on January 20, 2015, was newly established, and Article 49(4)2 of the Electronic Financial Transactions Act, which is a punishment provision, has been amended.

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