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(영문) 대구지방법원 2016.02.02 2015고단6102
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 27, 2014, the Defendant: (a) opened a passbook, cash card, and OTP card, etc. connected to the account (C) of the name of the Defendant to B prior to the branch office of the Korean bank in Daegu-gu, Daegu-dong; and (b) received KRW 200,000,000 from the Defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on investigation reports (investigation of Account Transactions Details), and account details of suspects;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing favorable to him/her / her: radius, and the transfer of access media for electronic financial transactions under no other criminal punishment except for those subject to a one-time suspension of indictment : The transfer of access media for electronic financial transactions is considerably adverse to society, such as not only impairing the credibility of the safety performance of electronic financial transactions, but also abusing the crime. The account of this case was used in the operation of an illegal gambling site - Other various conditions for sentencing as shown in the records of this case, such as Defendant’s age, sex, state of health, home environment, motive, means, consequence, etc.

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