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(영문) 춘천지방법원 강릉지원 2016.04.20 2016고정46

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

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 and managing the access medium.

Nevertheless, on March 17, 2015, the Defendant transferred the name card (Account Number C) and the personal identification number connected to the above account in the name of the Saemaul Treasury (Account Number) in the name of the Defendant to the person who was absent from the name.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. Written petition of D;

1. Receipt of payment suspension for telecommunications finance fraud (No. 20 pages), inquiry into details of report on a credit cooperative accident (No. 21 page), notification of the suspension of payment and the termination of the procedure for extinguishment of claims (No. 22 pages), confirmation of the fact of the accident in this case (No. 23 pages), confirmation of the fact of the accident in this case (No. 24 pages), verification of details by member transaction account (No. 24 pages), and inquiry of user information requested by the Gangnam Police Station (No. 30-34 pages of investigation record);

1. Determination as to the defendant's assertion of investigation report (as to the accounts of the Saemaul Treasury used for crime)

1. The summary of the assertion was lost by the Defendant’s Saemaul safe passbook and physical card (hereinafter “the passbook and card in this case”) immediately before committing the crime of the Defendant using the Defendant’s passbook account where the Defendant was lost (hereinafter “the instant Bophishing crime”).

2. There is no direct evidence as to the transfer of the passbook and the card in this case, but the following circumstances, which are acknowledged by each of the aforementioned evidence, namely, ① immediately after the instant Bosing crime, the suspension of payment of the said account is the victim D, not the defendant, and the time of payment suspension is around 15:05 (No. 20, 25, and 26) March 17, 2015 (the investigation record No. 20, 25, and 26). ② The defendant called the Saemaul Fash on March 17, 2015, when the Saemaul Fash Account was used for the crime of Bosing, and the defendant called the Saemaul Fash on March 17, 2015, as well as on March 17:51.