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(영문) 수원지방법원 2018.10.05 2018고단3875
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

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, around 15:00 on October 23, 2017, the Defendant sent a physical card, which is an access medium connected to the bank deposit account (Account Number: B) in the name of the Defendant, to a person whose name is not known, at around 15:00, the Defendant sent the account number and password to the Kakao Stockholm.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement made by the police against C;

1. Investigation report ( telephone conversations with victim C);

1. Application of Acts and subordinate statutes to the specifications of transactions to be submitted by victims, replys to warrants to the account, and specifications of accounts A;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On June 9, 2014, the Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, transferred a accessible medium connected to a financial account to the needy, but was not subject to disposition of non-prosecution by undergoing an investigation regarding the transfer of the approaching medium by using the account for the criminal act of licensing.

The content of the crime at the time is also similar to the content of the crime in this case, since it exceeds the access media to the criminals who have accessed the name of lending.

Nevertheless, it is not good that the Defendant committed the instant crime in that it has committed the instant crime by fully recognizing that the Defendant may be used for the phishing crime.

However, the defendant returned 630,000 won to the victim C (However, 2 other victims).

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