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(영문) 울산지방법원 2017.09.15 2017고정640

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, the Defendant transferred the physical card connected to the post office account under the name of the Defendant to a person whose name is not known at the end of May, 2016.

Summary of Evidence

1. Written statements of D;

1. A detailed statement of deposit transactions;

1. 112 Reporting case handling table;

1. The defendant and his defense counsel's assertion on each investigation report, the defendant and his defense counsel asserted that the defendant lost the physical card in their judgment and did not transfer it to others. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant and his defense counsel's assertion are not acceptable, since the transfer of the physical card in their judgment is recognized.

① At the time of May 31, 2016, the remaining balance of KRW 4,010 remains in the account as indicated in the judgment. The Defendant set off KRW 4,000 on the same day.

② On June 2, 2016, after the date of the withdrawal, the account as indicated in the judgment was used for a loan fraud, and deposited 3.6 million won into the account as indicated in the judgment in D’s name, and immediately withdrawn the amount equivalent to the above amount by a nameless winner.

③ The Defendant stated that the password of the account and the e-mail card as indicated in the judgment is not entered in the passbook or the card, upon being examined by the police and the prosecution. If the Defendant lost the e-mail card as alleged by the Defendant, then it is impossible for the Defendant to withdraw the e-mail card immediately after the money was deposited in the account as indicated in the judgment.

(4) The Defendant, upon receiving an investigation from the prosecution, filed a report on the loss of a bankbook and a check on June 3, 2016, and received a new passbook from a financial institution on the ground that he/she becomes aware of the loss of the passbook and the check on June 3, 201, and entered the account as indicated in the judgment on June