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(영문) 대전지방법원 천안지원 2017.01.12 2016고단2009
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

On October 2015, the Defendant: (a) heard a proposal to establish a corporation under the name of the Defendant from a person without his name to the name of the Defendant; (b) opened an account in the name of the said corporation to give a loan to the head of the passbook, etc.; (c) registered the incorporation of a corporation under the name of “C” at the Yeongdeungpo-gu Seoul Southern District Court (Seoul Southern District Court) on November 2, 2015; and (d) registered the establishment of a corporation under the name of “D” at the Incheon District Court (Seoul District Court) at the Incheon District Court registry.

On November 3, 2015, the Defendant opened a national bank account (E) with the name of the company C at the point in Yangyang-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, and transferred the passbook, cash card, and password connected to the above account to the non-known person on the same day. The Defendant, as described in the list of offenses in the attached Form, posted the passbook, cash card, and password connected to the total nine accounts from November 3, 2015 to November 9, 2015 in the above manner.

Accordingly, the Defendant transferred the electronic financial transaction access media.

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 with regard to F;

1. Indictment;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade, applicable to the crimes, and selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no other criminal record, and the fact that it is against the other criminal record);

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