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(영문) 서울남부지방법원 2017.04.25 2017고단997
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence 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.

Nevertheless, the Defendant was asked to offer 4,500,000 won on the face of 4.5 million won on the face of lending from a person under whose name the Defendant had been named, and around January 12, 2017, at around 17:00, the Defendant issued Kwikset through Kwikset Service one copy of the physical card connected with the Defendant’s name bank account (Account Number: D) in the Seoul Guro-gu Office.

As a result, the Defendant transferred the physical card, which is a medium access to electronic financial transactions, to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Receipts related to the transfer of Internet banking;

1. Application of reply statutes to requests for details of financial transactions;

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 stay of execution (see, e.g., the beginning offender and the economic situation of the defendant);

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