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(영문) 의정부지방법원 2018.04.18 2018고단804

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 and managing the access medium.

1. On December 13, 2017, the Defendant is a liquor company, and there is a need for an individual passbook due to tax issues, prior to the office of the “C” located in the Sinnam-si B around 11:00 on December 13, 2017.

In order to use the head of the Tong, 300,000 won shall be awarded in one month.

After accepting the proposal “,” the following was drawn up with two physical cards connected to each account under the name of the Defendant and two passwords: (D) and corporate banks under the name of the Defendant.

As a result, the Defendant promised to pay the price and transferred the access media to financial institutions.

2. On December 14, 2017, around 16:00, the Defendant: (a) received contact from a company bank, prior to a “G office” in Yangju-si; (b) “A company bank, which transferred its previous card, has lost its name and has changed to a re-issuance; and (c) obtained a re-issuance of a corporate bank (E) card; and (d) sent its name to a person with no name.

Accordingly, the Defendant transferred the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes on response to financial data;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act as stated in paragraph (1));

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;