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(영문) 인천지방법원 2018.12.12 2018고단7732
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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, on August 9, 2018, the Defendant searched the lending business entity on the Internet for the purpose of obtaining a loan on or around August 9, 2018 and contacted the lending business entity to KakaoStockholm, and then, the Defendant would have the lending business entity repaid all the existing loans and would have the lending business entity re-

Since the deposit of existing loans is required, the account number, etc. of the head of the Tong is known to him. "Along with the knowledge that the account number, password, and the OTP card, etc., which is an access medium, were transferred, the account number and password of the national bank account (Account Number C) in the name of the defendant were provided through the Kakao Stockholm message, and the OTP card was issued through Kwikset service.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

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 suspension of execution ( normal consideration, such as the reflective fact, and the absence of a criminal record of imprisonment without prison labor or heavier punishment);

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

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