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(영문) 전주지방법원 2017.05.25 2017고단625
전자금융거래법위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

1. On August 10, 2014, the Defendant: (a) received a proposal from an indivist of his name to provide KRW 2 million per physical card; and (b) transferred the physical card to an indivist of his name via Kwikset-line 1 connected to the Korea Exchange Securities Account (C) in the name of the Defendant at the end of August 10, 2014, and at the end of May 10, 2014, the Defendant transferred the physical card to an indivist of his name via Kwikset-line 1 connected to the Korea Exchange Securities Account (C).

2. On November 15, 2016, the Defendant received a proposal from a person in an infinite’s name to provide KRW 2 million per account. On November 15, 2016, the Defendant transferred a e-mail card connected to the e-mail bank account in the name of the Defendant at an express bus terminal located in New-dong, New-dong, Sinan-dong, with a e-mail card (D) connected to the e-mail bank account in the name of the Defendant, and a e-mail card (E) connected to the Saemaul bank account in the name of the Defendant.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each statement of I, J and K;

1. Responses to requests for provision of each financial transaction information, the inquiry table of each customer information, and the application of statutes on details of each financial transaction;

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

1. Articles 40 and 50 of the Criminal Code of Trade and Trade [Intersections between the crimes of violation of the Electronic Financial Transactions Act (crimes No. 1) committed on August 10, 2014 and each of the crimes of violation of the Electronic Financial Transactions Act (crimes No. 2) committed on November 15, 2016];

1. Selection of imprisonment with prison labor chosen;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a crime of violating the Act on the Electronic Financial Transactions, etc. on November 15, 2016, heavier punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order in this case.

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