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(영문) 대구지방법원 서부지원 2018.09.18 2017고단1545
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall transfer or acquire any electronic financial access medium.

Nevertheless, around August 7, 2016, the Defendant received the passbook, physical card, and password connected to B’s postal account (C) from a branch in front of the 82 Gun/Gu office, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, who requested that the transaction of passbook in the country is not combined, so that the transaction in the country is not combined, and received the loan through B’s passbook, physical card, etc., with the consent of the person who received the loan and used the loan.

On September 2016, the Defendant continued to use a card from a person who was in the name of the first police officer on his/her own, and to lend three million won per three days on the card.

One-time and, if necessary, send a card

In other words, advance payment will be made.

Upon receipt of the proposal “,” and accepted it, each Ywikset service article in the Daegu Northern-dong, Daegu-si sent the physical card and password connected to the above post office account to the name in each market.

Accordingly, the Defendant acquired the access media used in electronic financial transactions from B, and transferred it to a name-free person.

Summary of Evidence

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

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Application of the statutes notifying data on financial transaction status;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;

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 on the stay of execution (see, e.g., Supreme Court Decision 201Do1119, Jun. 2, 2011)

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