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(영문) 전주지방법원 2017.02.24 2016고단2524
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. The defendant A shall not transfer any access medium used in electronic financial transactions;

Nevertheless, the Defendant listened to the purport that he would create an account because he does not have good personal credit, and set up a bank account and repeatedly set up a bank account, etc. and then borrow loans after making a loan from him. On January 1, 2016, the Defendant issued the passbook, cash card,OTP, and password to the national bank account (D) account under the name of the Defendant, the representative of which is located in front of the national bank located in the Dong-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City on January 11, 2016.

2. The defendant B shall not transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant listens to the purport that “after opening an account by making a corporation and opening a bank account repeatedly with opening a bank account, etc., and then making a loan after accumulating a transaction performance,” and that the Defendant will do so at the end of August 2016.

9. The first police officer issued a passbook, cash card,OTP, password, etc. (F) of the post office account in the name of the defendant under the name of the head of Si/Eup/Myeon, the representative of which is the defendant, and attempted to deliver the passbook, cash card,OTP, and password to the deceased.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Each petition of H, I, G, J, K, L, M, N,O, P, Q, R, S, and T;

1. Each statement of H, I, J, K, L, M, N, P, Q, R, S, and T;

1. Each data on financial transactions;

1. Application of Acts and subordinate statutes to report internal investigation (related to the current C account and the current E account);

1. Relevant legal provisions and the Defendants’ selection of punishment for criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of access media)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. Defendants subject to a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1281,

1. Defendants of the community service order: Article 62-2 of the Criminal Act.

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