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(영문) 전주지방법원 2018.03.22 2018고단41
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On December 16, 2016, the Defendant would pay KRW 1,000,000 for the first time when he/she lends the passbook in the name of the business operator for a period of one year, and KRW 5,00,000 for six months thereafter.

“I hear horses, I transferred the access media by sending cash cards, OTP (Security Cards) to the national bank account (D) in the name of the corporation C, the representative of which, as express bus freight, to an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of account transactions, etc. (C)

1. Application of Acts and subordinate statutes to report on investigation (the details and results of transactions of passbooks and requests for search and inspection warrant);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the background leading up to the Defendant’s transfer of the access media and the cost of receiving the promise, the circumstance that the access media would be used for an abnormal purpose was revealed.

In full view of the circumstances such as the fact that the Defendant appears to have used the access media that the Defendant transferred to commit fraud and caused secondary damage, and that the Defendant has already been subject to criminal punishment for transferring the access media, it is reasonable to punish the Defendant as imprisonment even if considering certain favorable circumstances, such as the fact that the Defendant recognized his/her mistake and reflects it, and the fact that the Defendant has no criminal record exceeding the fine, etc.

The sentence shall be determined as ordered by taking into account the aforementioned circumstances, the defendant's age, sexual behavior, environment, etc., and the execution of the sentence shall be suspended, but the community service order shall be added thereto.

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