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(영문) 춘천지방법원 2017.07.19 2016고단1099
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer or acquire any access medium, such as an electronic card used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions.

1. On August 22, 2014, the Defendant was issued with a passbook, physical card, andOTP connected to C’s account in the name of the Defendant’s relative C from a place where it is unknown at the time of Chuncheon on August 22, 2014, and received a delivery of KRW 400,000 on the said passbook, etc. to a person in unsound name through a bus transit at the port.

2. On August 26, 2014, the Defendant was issued with a passbook, physical card, andOTP connected to the new bank account (E) with the said C at a place where it is unknown at Chuncheon on or around August 26, 2014, and received a delivery of KRW 400,000 on the said passbook, etc. from a person in unsound name through a bus transit at the port.

3. On September 3, 2015, the Defendant: (a) received a passbook, physical card, andOTP connected to the No.C’s account (F) from the said C at a place where it is unknown at Chuncheon on or around September 3, 2015; and (b) received a delivery of KRW 400,000 from the said passbook, etc. via the bus transit; and (c) received a delivery of KRW 400,00 from the said passbook, etc.

4. The Defendant committed the crime of November 27, 2015, at a place where it is unknown at the city of Chuncheon on November 27, 2015, received a delivery of a passbook, check card, and OTP connected to the account (G) in the above C’s name from the said place, and received a delivery of KRW 100,000,00 from the said passbook, etc. through the bus transit.

Accordingly, the Defendant transferred or acquired access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Application of Acts and subordinate statutes to an application for new transactions, his/her financial transactions, a statement of account separate transactions, and a statement of account transactions;

1. Criminal facts;

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