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(영문) 전주지방법원 2017.09.13 2017고단1120
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium to any third person in using and managing the access medium.

On July 25, 2016, the Defendant: (a) received a written note from a person in the name name name of the Defendant, stating, “it is possible to grant loans by registering a corporation and transferring the passbook; and (b) opened the Agricultural Cooperative Account under the name of the said corporation (D) with limited liability around July 25, 2016; (c) opened the cash card and the OTP (Security Card) connected to the said account in the vicinity of the Jeoncheon-gu, Jeoncheon-gu, Seoul; and (d) opened the post office account under the name of the said corporation on October 1, 2016; and (e) transferred the cash card and the OTP (Security Card) that is an access medium connected to the said account, which is an access medium connected to the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of the report on internal investigation (the result of execution by the warrant of search and seizure 2016-9558);

1. A criminal investigation report (Submission of documents related to a suspect A business operator);

1. (Caution) Application of Acts and subordinate statutes to registered matters C;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and against his mistake, and that there seems to exist no benefits acquired from the instant crime.

However, the act of transferring the electronic financial transaction access media without permission is very likely to infringe the reliability of the safety performance of the electronic financial transaction and cause secondary damage due to the use of the crime, and the account of the access media transferred by the defendant was used for gambling crime.

Furthermore, the defendant has transferred electronic media to others for the purpose of lending even in around 2005.

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