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(영문) 대전지방법원 천안지원 2016.08.25 2016고단534
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any Act, no person shall transfer or acquire any access medium in using and managing any medium access to electronic financial transactions.

Nevertheless, on March 2014, the Defendant: (a) reported a letter that he purchases a passbook while conducting the Internet search; and (b) agreed to sell a passbook by communicating it to the person with no name; (c) on March 3, 2014, the Defendant transferred three copies of a passbook connected respectively to the Agricultural Cooperative Account (Account Number: C), SC Bank Account (Account Number:D), and the National Bank Account (Account Number: Account Number): and (d) three copies of a passbook connected respectively to the national bank (Account Number): (c) by sending the Internet banking ID and security card to the person with no name, and received three hundred thousand won in return.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in the police statement protocol against E;

1. Each description of the F and G;

1. Application of Acts and subordinate statutes to each item of a certificate of transfer confirmation, a detailed statement of account transactions in the Agricultural Cooperatives (A) and a statement of search and seizure verification warrant reply;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Act on the Suspension of Execution ( considered favorable circumstances among the reasons for sentencing) of the Criminal Act provides that the Defendant, who was guilty, shall hear the statement that the Defendant is required to lend from the person under his/her name and borrowed an approaching medium with the intention to return it, and 300,000 won received from the person under his/her name from the person under his/her name, shall not be the transfer price, and thus, the Defendant denies the charges by asserting that there was no transfer of the approaching medium.

However, the following circumstances acknowledged by each evidence of the ruling, i.e., the defendant's lending of access media for the purpose of obtaining a loan, are asserted.

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