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(영문) 대전지방법원 서산지원 2017.09.14 2017고단608
전자금융거래법위반
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing any electronic financial access medium.

Nevertheless, on June 2016, the Defendant would make one head of a Tong in the name of the corporation from the person who was in the name of the bus terminal in Seosan-si, 190, Seosan-si, and KRW 500,000 per 1,00 won.

“The proposal was received and opened a bank account in the name of a limited company B (C) and transferred the account passbook and the OTP card to an influence of the bus freight.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on response to financial transaction information;

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. In light of the fact that the instant crime for sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as means of other crimes, and that the account transferred by the Defendant was actually used for the actual illegal gambling site, it is necessary to strictly punish the Defendant.

However, the defendant asserts that he/she is against the mistake, there is no record of criminal punishment exceeding the fine, the fact that he/she seems to have no profit from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act shall be comprehensively considered to determine the punishment as ordered.

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