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(영문) 인천지방법원 2017.11.30 2016고단9005
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[2016 Highest 9005]

1. No one shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium used to secure the authenticity and accuracy of users and the details of such transaction;

On January 3, 2016, the Defendant received a proposal that “I will offer 500,000 won per account per week when entering and leaving a bank account,” from a person in an influence of his/her name, and transferred the fluence in the name-based access media using a new bank account (D number) in the name of the Incheon High Bus Terminal located in the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon on February 3, 2016.

[2016 Highest 9095]

2. No one shall transfer or acquire any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

On March 15, 2016, the Defendant issued the passbook, cash card, OTP card, etc. to the bearer bank account (F) of the E-person, a stock company established by the Defendant at a coffee shop in the trade name near the territory of the Incheon State.

Accordingly, the Defendant transferred cash cards, which are media access to electronic financial transactions.

[2017 Highest 1338]

3. No one shall transfer or acquire any access medium unless otherwise provided for in other Acts in using or managing the access medium;

Nevertheless, on March 2016, the Defendant issued a passbook, physical card, password, etc. in the name of the new bank account (G) in the name of the E corporation established by the Defendant at the instant coffee shop in front of the Incheon State.

Accordingly, the Defendant transferred the physical card and password, which is a medium of electronic financial transaction access as above.

[2017 Highest 7996]

4. Obstruction of operations;

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