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(영문) 서울북부지방법원 2018.11.15 2016고단1708
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, around August 23, 2015, the Defendant transferred a passbook, a e-mail card, and a password to a company bank account (B) and the Nong Bank account (C), which was opened in the name of the Defendant in the vicinity of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Council session.

As a result, the defendant transferred the access media under the name of the defendant to a name-free person.

Summary of Evidence

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

1. Statement made by the police against D;

1. Written statements of D;

1. A certificate of transfer confirmation;

1. Details of the Kakao Stockholm dialogue;

1. Details of account transactions and bank transaction statement;

1. Application of the Acts and subordinate statutes to photograph ATM CCTV images by capturing them;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. The reasons for sentencing selective imprisonment with prison labor are the following circumstances: (a) the Defendant’s account was used for the singing crime; and (b) the present whereabouts are unknown; and (c) the Defendant’s age, sex behavior, motive for the crime, and circumstances after the crime are considered comprehensively; and (d) the sentence is to be determined as ordered;

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