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(영문) 의정부지방법원 2017.05.22 2017고단713
전자금융거래법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on November 2016, the Defendant is a liquor-related company, and the account is needed to reduce taxes.

It shall use 3 days per physical card, and give 3 million won per physical card.

“After accepting the proposal, I transferred the access media used in electronic financial transactions by transferring the physical card and password of the company bank account (C) to Kwikset service article in front of the Gyeonggi Government-si, B at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to the monetary records and the Kakao Stockholm dialogue content);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing criteria are not set for a violation of the Electronic Financial Transactions Act)

The access media of this case transferred by the Defendant was actually used for the singishing crime, thereby causing damage, and the amount is also KRW 10 million.

If the defendant did not transfer the access media, it would be difficult for a good decent person to be the victim of a financial fraud.

Even after the Defendant was prosecuted, the Defendant did not have any person and did not appear two times or more at the sentencing date without any report.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the accused has led to an offense, and there is no criminal record of the same kind or of the suspension of execution, etc., and social service work shall not be ordered because the health status is not good.

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