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(영문) 서울남부지방법원 2016.08.12 2016고단1627

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 one year 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.

Nevertheless, around December 2015, the Defendant: (a) received a written message from the Defendant’s cell phone receipt of the Defendant’s mobile phone to “at least 300,000 won per week; (b) received a proposal that “I would give KRW 300,000 per week if I would go through the passbook”; and (c) received KRW 200,000 from the Defendant’s new bank account in the name of the Defendant at around 15:10 on January 19, 2016, the Defendant received KRW 30,000 from the Defendant’s bank account under the name of the Defendant and received KRW 30,000 from the Defendant’s bank on January 20, 2016.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. E statements;

1. A report on the occurrence of loss;

1. Application form for membership and details of transactions of members of the Postal Card (the accounts of a new bank account in the name of the accused);

1. Results of transfer management by account for withdrawal (E NongHyup account in the name of the agricultural cooperative);

1. Application of Acts and subordinate statutes to photograph Kakao Stockholm messages;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is deemed a transfer of access media that can be used for so-called phishing crimes or Internet fraud crimes, and the crime is not good, and the access media that the Defendant transferred is actually fraudulent.