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(영문) 수원지방법원 안산지원 2018.05.15 2017고단3532
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium.

On August 8, 2015, the Defendant issued a cash card (C) connected to the one bank account (C) in the name of B from the Defendant upon the Defendant’s request to the same student B, with a statement to the effect that “the 200,000 won is paid if the crow card was transferred along with the password,” which was posted on the Internet by a person who was not named in the name of the Defendant on the top of the lower court. On August 2015, 2015, the Defendant issued the said name card to the person who was named in the name of the Defendant on the top of the D Building (C).

Accordingly, the defendant transferred electronic financial transaction access media to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions (BA Bank Account) and investigation report (in addition to the indictment for the relevant accomplice E);

1. Application of Acts and subordinate statutes to the protocol concerning the interrogation of suspects B to the prosecution;

1. Article 49(4)1 and Article 6(3)1 of the Act on the Electronic Financial Transactions and Trade, and Article 6(3)1 of the Act on the Electronic Financial Transactions and Trade, and Article 6 of the Act on the Transfer of Accessed Media for the Reasons for the Determination of Punishment of Imprisonment may cause multiple victims by using it for a systematic fraud crime. As such, transfer of Access Media is inevitable to strictly punish.

In this case, multiple victims occurred by transferring the access media.

Defendant

In addition, even though recognizing that one's act constitutes a crime, the above act was harsh in the desire for money, and the damage was not recovered.

However, in consideration of the circumstances without any particular criminal history, the sentence shall be determined as ordered by the defendant.

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