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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1446
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. No person shall transfer any access medium;

Nevertheless, on May 20, 2017, the Defendant: (a) heard the speech that “on the face of sending one financial ticket account that is not used, the Defendant would have the credit limit repeatedly increased the deposit and withdrawal; and (b) would have the Defendant get the loan; and (c) issued physical check cards and passwords that are linked to the account under the name of the Defendant to the account under the name of the Defendant via Kwikset Service Articles.”

2. No person shall transfer any access medium;

Nevertheless, the Defendant received a call from an influent person to the effect that “When sending an account, he/she will repeatedly write off the credit limit and get loans.” On June 18, 2017, around 13:30, the Defendant intended to have the Defendant’s wife D register 1 and the password connected with the Defendant’s new bank account under the name of the Defendant at the post office at the beginning of the year in which he/she had the Defendant’s wife D, at around 13:30 on June 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The statement of inquiry about details of transactions, communications data replies, letter of consent to the status of subrogated repayment, facsimile of the loan transaction agreement, and the text of the agreement;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (Selection of Imprisonment with prison labor)

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 provides that the defendant's defense counsel for the judgment of conviction under Article 62(1) of the Act on the Suspension of Execution argues that the defendant's defense counsel did not transfer each of the above physical cards to a person with no name

Article 49 (4) 1 of the Electronic Financial Transactions Act is punished for transferring or taking over an access medium in violation of Article 6 (3) 1 of the Act, and it is an access medium such as deposit passbook, cash card, and password by the speech that the lending will be avoided.

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