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(영문) 대구지방법원 2019.05.15 2018고단1831
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any means of access, such as an electronic card used in electronic financial transactions and other electronic information equivalent thereto, a certificate, a password, etc.

Nevertheless, around June 2017, the Defendant received and consented to the proposal that “the Defendant would open a passbook and pay KRW 1,00,000,000 to the Jeju-si Office of the Cbankamb in Daegu-gu on June 26, 2017, and delegated all of the powers on the opening of a bank account in the name of the representative director, the issuance of a cash card, etc. to a person who is unaware of the name, thereby transferring the means of access in the name of the D Company Kim Jong-si bank account (E) to a person who is unaware of the name.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes, such as details of transactions, customer information table, details of entry and withdrawal transactions, details of IP, application for new transactions, etc.;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. In full view of the following facts: (a) the C Bank account as indicated in the reasoning for sentencing the sentence of selective imprisonment with prison labor was used for the relevant Bitcoin crime; (b) the extent of damage therefrom reaches KRW 3122,00,000; and (c) the Defendant acquired illegal profits of KRW 10,000 in total in return for the transfer of the means of access as indicated in the judgment; and (d) the criminal nature of the crime as indicated in the judgment is very serious; and (e) the Defendant’s past history of punishment as a violent offender is highly likely to pose a risk of recidivism in society for a certain period of time; and (e) the Defendant’

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