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(영문) 인천지방법원 2018.01.18 2017고단7061
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

1. Notwithstanding Defendant A, the Defendant, at the PC room where the trade name in Seo-gu Incheon Metropolitan City is unknown on March 2016, the Defendant would give KRW 500,000 per head of the Tong, if the head of the Tong is created.

“ .” Upon receipt of the proposal and in response, the head of the Tong/OTPP connected respectively to the National Bank Account (F) and the Agricultural Bank Account (G) established by the Defendant at that time and transferred the means of electronic financial transaction access by informing the password to D.

2. Defendant B: (a) around May 2016, at the PC room in which the trade name operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, is unknown; (b) Defendant B would give KRW 500,000 per head of the Tong if the head of the Tong is created.

“In response to the proposal, “Around that time, the head of the Tong and the OTPP connected to the post office account (I) in the name of H established by the Defendant was transferred to D by means of delivering the passbook and the OTPP and informing the password to D.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes as a result of the CD reproduction;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 49(4)1 and 6(3)1 of the respective Electronic Financial Transactions Act;

B. Defendant B: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendants to observe the protection: Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act;

1. Defendants of a community service order: Reasons for sentencing under Article 59 of the Act on the Observation, etc. of Each Protection;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. The sentencing criteria for a violation of the Electronic Financial Transactions Act shall be the sentencing criteria.

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