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(영문) 인천지방법원 부천지원 2018.07.20 2018고단1280
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium necessary for electronic financial transactions.

1. On February 2, 2015, when the Defendant received a proposal from B to offer money from the head of the passbook in order to operate a foreign direct-use site, the Defendant intended to open and transfer the passbook. The Defendant’s intent to open and transfer the passbook. The Defendant’s passbook (C)’s passbook in the company bank account opened in the name of the Defendant at the mutual French shop located in the Jung-gu Seoul Metropolitan Government Jung-gu, Seoul Metropolitan Government, the instant passbook, the capital card connected to the said account, and theOTP, transferred the access medium to B, and transfer the password.

2. Around May 2015, the Defendant: (a) transferred the passbook of one bank account (D) opened in the name of the Defendant at the instant coffee shop in Dongdaemun-gu Seoul, Dongdaemun-gu; and (b) transferred the access media by informing B of the passbook and the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions in a bank, and details of transactions in a bank;

1. Application of Acts and subordinate statutes to investigation reports (for specific purposes, such as gambling site E and Account Notes A used in the F);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

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;

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: (a) the Defendant recognized each of the instant offenses; (b) the Defendant transferred the account for the purpose of acquiring monetary benefits; (c) the Defendant’s lending account was actually used in the operation of the illegal gambling site; and (d) other circumstances, including the Defendant’s age, sexual conduct, motive leading to the instant crime, method of committing the instant crime; and (c) the circumstances after committing the crime, etc., on which the sentencing conditions specified in the records and pleadings

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