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(영문) 의정부지방법원 2017.02.14 2017고단289

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or take over any access medium to direct transactions in electronic financial transactions or to use or manage any access medium to secure the authenticity and accuracy of users and the details of such transactions, unless otherwise specifically provided for in other Acts.

1. On September 7, 2016, the Defendant transferred a physical card (credit card number: D) connected to the Defendant’s name bank account (C) in front of the Defendant’s residence, to the name in front of the Defendant’s residence, via Kwikset Service Articles.

2. On September 2016, the Defendant transferred a physical card (credit card number: E) linked to the above national bank account at the place specified in paragraph 1 to a non-nameless person via Kwikset Service Articles.

3. On September 23, 2016, the Defendant transferred a physical card (credit number : F) connected to the above national bank account at a point located in the boo-ro 222, Yangcheon-gu Seoul National Bank Holdings-ro, Yangcheon-gu, Seoul, to an unqualified person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning the victim G;

1. Each statement of H, I, J, and K;

1. A written petition filed by the victim G;

1. The details of account transactions with a national bank, and account transactions with a Korean bank;

1. The sales of used countries, the closure of each letter, the details of each letter, and inquiries about the results of each transfer, and written confirmation of transfer transactions;

1. A report on the result of a program for submitting smartphone evidence;

1. Information about financial transactions, details of entry and departure transactions;

1. Applications for deposit registration, details of account transactions, text of loan advertisement received by victims;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes by cutting down letters, photographs, inquiries about the results of transfer;

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

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant transferred each of the instant access media.