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(영문) 부산지방법원 동부지원 2015.09.09 2015고단1037

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] On February 15, 2012, the Defendant transferred the means of access to electronic financial transactions, such as passbook, cash card, and password, to the account holder in the name of the Defendant, via Kwikset Service Articles in front of the Busan Dong-gu Kwikset Service Articles. On February 20, 2012, the above national bank account was used for scaming on February 20, 2012, and the victim D (60 years of age) was damaged by 76.8 million won.

On July 9, 2012, the Defendant was investigated as a fact against the violation of the Electronic Financial Transactions Act by the transfer of the means of access, but claimed that “a borrower was transferred to obtain a loan,” and was subject to a disposition not suspected by the Gwangju District Prosecutors’ Office.

【Criminal Facts】

Except as otherwise provided for in any other Act, no means of access used to obtain instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions shall be transferred or taken over or pledged in electronic financial transactions.

Nevertheless, on September 2014, the Defendant transferred the means of access necessary for electronic financial transactions, such as passbook, cash card, password, etc. to the account opened in the name of the Defendant to the needy person using Kwikset Service at a place where the location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);