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(영문) 대전지방법원 천안지원 2017.08.31 2017고단853
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, around July 2016, the Defendant received a proposal from a person in unsound name who became aware of through the Internet search and accepted it, and then established a limited company B with the Defendant’s representative director around August 22, 2016, and then opened the said company’s name account (C) at the agricultural branch located in Yansan-si, Youngwon-si, Chungcheongnam-si, Chungcheongnam-gu, Seoul Special Metropolitan City. At around August 26, 2016, the Defendant transferred the passbook, OTP card, cash card, etc. connected to the said account to the above account in the name of the non-party, and then transferred the access media with the amount of KRW 1,50,000,000 in cash from tin.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Report on internal investigation (verification of charging accounts used at “E” on gambling sites);

1. E-printeds: Guidance on deposit account (Agricultural Cooperatives B);

1. Application of Acts and subordinate statutes on an investigation report (the details of transactions in agricultural accounts in the name of a limited company B), an application for transactions in agricultural accounts in the name of the limited company B, and a statement of transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The transfer of the access medium for electronic financial transactions can be used as a means of other crimes, and thus, it is necessary to strictly punish the transfer of the access medium for electronic financial transactions. In reality, even in this case, the access medium transferred by the defendant was used for gambling crimes, the transfer of the access medium under the name of the corporation was established by the defendant, and the actual acquisition of the transfer price was made by the defendant, and circumstances favorable to the actual acquisition of the transfer price: the defendant's age, sexual behavior, environment, motive, means, and consequence is recognized, and there is no history of criminal punishment.

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