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(영문) 광주지방법원 2018.01.19 2017고단5390
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On June 13, 2016, the Defendant transferred the electronic financial transaction access medium under the name of the Defendant to E using a passbook, cash card, OTP card, password, official certificate, etc. at the D coffee shop located in Gwangju-gu, Gwangju-gu, in return for the payment of KRW 500,000,000 from E, and transferred to E the passbook of the post office account under the name of the Defendant.

2. On July 21, 2016, the Defendant: (a) at the D coffee shop located in Gwangju-gu, Gwangju-gu; (b) granted G KRW 30-400,000 per month to G; and (c) obtained a passbook, cash card, OTP card, password, and official certificate from G’s account; and (d) taken over the electronic financial transaction access medium.

3. On September 26, 2016, the Defendant acquired or transferred a medium access to electronic financial transactions in the I’s name: (a) at the D coffee shop located in Gwangju-gu, Gwangju-gu; (b) paid 300,000 won to I; and (c) received a copy of the Credit Union (J); (d) cash card, password; (e) an OTP card; and (e) transferred it to E on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning the interrogation of suspect with respect to G, or a copy of the protocol concerning the interrogation of suspect with respect to I;

1. Application of investigation report (the confirmation of the account and amount of passbook transferred from the G-name Agricultural Cooperative Account), investigation report (the confirmation of the transaction details of passbook A under the name of the suspect), and transaction details applicable to statutes;

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 Commercial Concurrent Crimes Act (a crime of transferring an access medium provided for in the Electronic Financial Transactions Act between violations of each of the Electronic Financial Transactions Act by taking over or transferring multiple access media at the time of the same crime) is one crime for each access medium.

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