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(영문) 수원지방법원 2017.11.09 2017고단4413

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

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

Nevertheless,

1. On August 2016, the Defendant issued a proposal to offer KRW 400,000 won per each page to transfer the passbook from a person in a name-dissected from a person in a name-dissected through the Facebook, and received a proposal from the Defendant to transfer the passbook from a person in a name-dissected through the Facebook, and received KRW 80,000,000 in cash through the Kwikset Service Articles, 80,000,000,000 from the account under the name of the limited company D (A) and the limited company G (H), the Defendant and F together applied for the joint opening of the Bank G (H) in Korea (H).

2. On December 2016, 2016, the Defendant: (a) received a proposal from a person who was infinite’s name from a person infinite-Si, Suwon-si, Suwon-si, to transfer a passbook of KRW 400,000 per page; and (b) sent a note to the above name-oriented person via Kwikset Service Officer, stating each passbook and check card, OPT card, and password in the Korean bank J and K account of the name of the limited liability company I (representative A); and (c) received KRW 80,000 in cash through Kwikset Service Articles.

Accordingly, the defendant transferred the access media used in electronic financial transactions to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. 1 of the police statement protocol against L/M, and inquiry into the results of transfer;

1. The expenses of the Korean Federation of Banks;

1. A detailed statement of deposit transactions and each statement of provision of financial transaction information;

1. Report on investigation (report on the execution of a warrant of search and seizure No. 2016-11224)

1. Application of Acts and subordinate statutes on financial transactions;

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

1. Commercial concurrence;