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(영문) 대전지방법원 천안지원 2017.02.03 2016고단2279
전자금융거래법위반
Text

The punishment of the accused shall be three months by imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, on June 28, 2016, the Defendant is a private sports betting company from a person who is in the name of the deceased.

If the first transaction is made during one month, it will be paid KRW 3 million per head of the Tong rent.

“In receipt of a proposal to the effect that “,” and at around 16:00 on June 30, 2016, at the Gangnam-gu Seoul Metropolitan Government Gonam bus terminal, transferred it to the name in a way that puts the physical card and password connected to the company bank account (number : B) in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of deposits, report on internal investigation (related to the reply details of warrant execution);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment because the transfer of access media for electronic financial transactions can be used as a means of other crimes. In reality, in this case, the access media transferred by the defendant is used for committing a crime, the criminal punishment of the defendant (not including the same force, but the same kind of force), the defendant recognizes and reflects a crime, the damage amount caused by the crime of this case is relatively small, and the punishment is determined as ordered by taking full account of the various circumstances shown in the trial of this case, including the defendant's age, sex, environment, and the process of committing the crime.

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