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(영문) 서울남부지방법원 2018.11.30 2018고단3705
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

Upon receipt of a proposal from a person who was aware of his name on the Internet website, the Defendant accepted the proposal to the effect that “to give KRW 100,000 per month a head of a Tong, if he opens an account under the name of the old-age company as an agent or by creating a old-age company.”

Accordingly, around October 17, 2016, the Defendant, in the vicinity of Yangcheon-gu Seoul Metropolitan Government, posted the passbook, e-mail card, password, and OTP card connected to one bank account (D) and the new bank account (E) under the above conditions, around October 17, 2016.

On October 20, 2016, the Defendant continued to issue the passbook, physical card, password, andOTP card connected to the Busan Bank Account (G) in the name of the company F in the vicinity of the Suwon-si transfer-si, Suwon-si.

As a result, the defendant transferred the electronic financial transaction access media more than twice while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Each statement and attached materials;

1. Statement made to I by the police;

1. Search and seizure at the same time and replys to documentary evidence;

1. Application of the Acts and subordinate statutes on replies;

1. Article 49 (4) 2 and Article 6 (3) 2 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 (only between crimes on October 17, 2016);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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