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(영문) 서울북부지방법원 2017.01.11 2016고단4690
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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 January 11, 2016, the Defendant sent a test card and password to enable HK Savings Bank D to obtain a loan from a person who assumes a false name from a person who assumes a false name.

In other words, with the knowledge that the above person was to use the defendant's account for the so-called phishing crime, he had the mind that he would transfer his access media, such as the physical card in the name of the defendant to the Dong, without determining the above person's name and the specific terms and conditions of loans or the method of receiving the check card.

Therefore, on January 12, 2016, the Defendant transferred the access media by informing the Defendant of the secret number of the said account by telephone to the Kwikset service provider, who sent the false names at the Defendant’s office located in Gyeyang-gu E and 819, Seoyang-gu, Young-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on internal investigation (Submission of a detailed statement of entry and withdrawal), and details of account transactions under H’s name;

1. Details of transactions in a speculative account under the name of Korea Standards A;

1. Application of Acts and subordinate statutes to report internal affairs (Submission of reference materials, filing of text messages) and photographs;

1. Relevant Article of the Act on Criminal Facts, Article 49 (4) 1 and Article 6 (3) 1 of the Act on the elective Financial Transactions, Reasons for sentencing of imprisonment with prison labor, and reasons for sentencing;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. The Defendant, who transferred the account under the name of the Defendant to the phishing criminal organization, which was the same as the instant crime, and was sentenced to a fine, on two occasions (Seoul District Court 2009 High Court 5336 High Court 2009 High Court 2015 High Court 3925 High Court 2015 High Court 201). The purpose of this case is to obtain a loan from around 2010.

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