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(영문) 대전지방법원 2017.09.21 2017고단2690
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall transfer any access medium in using and managing the access medium.

Nevertheless, on May 13, 2016, the Defendant received a request from R, an illegal gambling site operation, etc. to transfer the account. On May 13, 2016, the Defendant opened a national bank account under the name of the “AB” company established by the Defendant at the former branch of the National Bank in the Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and issued a passbook, e-mail card connected with the said account, and then transferred the above passbook, e-mail card, and e-mail by receiving KRW 200,000 in return for transfer from R in return for transfer from the passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. Instructions on internal investigation of specific gold transaction information;

1. Requests for provision of communications data and notification of the result of request;

1. An investigation report (related to the account of a national bank in the name of theB);

1. Requesting the provision of financial transaction information;

1. Application of Acts and subordinate statutes reporting the results of internal investigation of specific financial transaction information;

1. The grounds for sentencing under Article 49 of the pertinent Act and Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions in the Selection of Punishment (elective Selection of Imprisonment) are against and against the defendant when committing the instant crime; the fact that the defendant has no criminal record exceeding the fine is favorable to the defendant; the financial transaction access media provided by the defendant through the instant crime can be provided for other crimes; the quality of the crime is poor; and the fact that the defendant has been punished for the same kind of crime at least once, etc. are disadvantageous to the defendant; and the records of the instant crime and the overall sentencing conditions under Article 51 of the Criminal Act, such as the records of the instant case and the circumstances before and after the instant crime, are comprehensively taken into account.

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