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(영문) 서울중앙지방법원 2020.06.25 2020고단1217
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[200 Highest 879]

1. On December 14, 2019, around 03:33, 2019, the Defendant: (a) asked that he was under the influence of alcohol in the C District District located in Gwanak-gu in Seoul Special Metropolitan City, and was working in the said District Zone D, “dice in any civil petition”; and (b) expressed his bath that he would be fright in the patrol day; and (c) assault D when he was fright in his hands.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers who have been working in the earth.

2. The Defendant assaulted the Defendant, as set forth in Paragraph 1, at the same time, at the same place as that of Paragraph 1, and as set forth in Paragraph 1, the police officer E, who belongs to the C District Group, to arrest the flagrant offender under suspicion of the obstruction of performance of official duties, and to walk back the E’s right direction.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

[200 Highest 1217]

3. On December 3, 2019, the Defendant: (a) received a proposal from a person under whose name he/she was to pay KRW 100,000 won per day in return for the use of the account when he/she opened an account and sent an authorized certificate and an OTP card; and (b) issued an OTP card connected to the Defendant’s name-free bank account (Account Number:H) on the front side of the F apartment in Kimpo-si, Kimpo-si, on December 3, 2019.

Accordingly, the Defendant promised to pay and lent the means of access necessary for electronic financial transactions.

Summary of Evidence

[200 Highest 879]

1. Defendant's legal statement;

1. Each police statement of D and E (2020 highest 1217);

1. Defendant's legal statement;

1. A petition prepared by the I;

1. Application of Acts and subordinate statutes of remittance receipt;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts (the point of obstructing performance of official duties, the choice of imprisonment), and Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media and the choice of imprisonment).

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