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(영문) 광주지방법원 순천지원 2019.11.28 2019고단2197
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

On March 5, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor due to habitual larceny, etc. on July 31, 2017, and the execution of the sentence was terminated on July 31, 2017. On December 13, 2018, the Seoul Northern District Court sentenced six months of imprisonment with prison labor for the crime of obstruction of performance of official duties, which became final and conclusive on January 25, 2019, and was sentenced to one year of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on February 2, 2019.

No one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, on November 5, 2017, the Defendant: (a) received a proposal that “the name of the business operator and the head of the Tong are required to hold a liquor house; (b) will give the name and the head of the Tong to the user fee of KRW 100,000,000 per week by lending the name and the head of the Tong; and (c) accepted it; and (d) opened a bank account in the name of the Defendant at the location of the C Bank plaza Dong located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (D) around April 5, 2018; and (e) transferred the physical card, one, and the password, which are the means of access, from the tin, to the person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. Specific financial information;

1. Previous records of judgment: Application of Acts and subordinate statutes to the copies of each judgment, list of related cases and personal confinement status;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of the latter part of Articles 37 and 39(1) of the Criminal Act to treat concurrent crimes shall be determined in full view of the various sentencing conditions as indicated in the records and arguments in the instant case, including the criminal records of the accused (a repeated crime records, equity in the case where the accused was tried together with each of the crimes for which judgment has become final and conclusive), the nature of the instant crime, the circumstances before and after the instant crime, and whether the accused

order for any reason above.

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