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(영문) 서울남부지방법원 2016.01.14 2015고단3988
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any Act, no person shall transfer any medium access to electronic financial transactions.

Nevertheless, around March 9, 2015 or around March 10, 2015, the Defendant transferred the e-mail card and passwords used in the e-mail card, which is a medium of electronic financial transaction access to Guro-gu Seoul, to a person with no knowledge of the names of one bank account opened in the name of the Defendant on March 9, 2015.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Copies of police statements made to D and E;

1. The details of Defendant mobile phone calls, the statement of free savings deposit transactions, the confirmation of electronic financial transfer results, the inquiries about communications data, replies on financial transactions, and the details of provision of financial transaction information;

1. An investigation report (a) (a person suspected of acquiring an access medium to the violation of the Electronic Financial Transactions Act and an attempt to use an wire call, etc.) / [a] the Defendant denies the crime of having no access medium transfer, but the Defendant did not explain reasonable grounds as to the circumstances acknowledged by the aforementioned evidence, i.e., the circumstance during which the Defendant was issued a passbook and a check card; (b) the Defendant’s single bank account was deposited in the Defendant’s phishing crime under the circumstances immediately after the opening of the passbook; (c) the Defendant’s phone number suspected of transferring the check immediately after the opening of the bank account on the Defendant’s mobile phone account; and (d) the Defendant failed to provide reasonable explanation as to the personal information and the telephone content of the bank bank; and (e) if the check card was lost, appropriate measures such as suspending payment should be taken against the bank, etc.; and (e) there is room for hacking as well as for possible reproduction of the card issued by the Defendant.

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