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(영문) 울산지방법원 2016.02.03 2015고단2768 (1)
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person of "2015 Highest 2768" shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on August 2015, the Defendant, along with the joint Defendant B, established a false company called “Limited Company E” that represents the Defendant at the shop set up, and opened the account under the name of the limited company E, and conspired to divide the profits by transferring the access media.

On August 2015, the Defendant, along with B, opened a national bank, a new bank, the agricultural cooperative, and the Saemaul Treasury account in the name of the limited company E in the name of the company E, and transferred the access media for electronic financial transactions to the operator of an unillegal sports-related site who became aware of through the Internet, and by receiving the total amount of KRW 4 million per account from the above unexploited person in the total amount of KRW 1 million per account.

Summary of Evidence

1. Statement by the defendant in court;

1. Joint Defendant B’s legal statement

1. Each protocol of seizure and each photograph;

1. Application of investigation report (limited to the analysis of finance accounts for the current (F) and the provisions of Acts and subordinate statutes governing the deposit and withdrawal of deposits;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act concerning the facts constituting an offense;

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;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant established a legal entity for the purpose of transferring the access media to a purely accessible medium; and (b) the Defendant took part in the crime of transferring the access media to the Internet gambling site operator, etc. by opening a bank account in its name; and (c) the Defendant appears to have led to both confessions and mistakes.

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