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(영문) 의정부지방법원 2017.03.29 2016고단5346
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred, taken over, or pledged.

Nevertheless, in early July 2016, the Defendants searched the Internet for the purpose of obtaining a loan in the Han Pafaf, Nam-si, Namyang-si, Gyeonggi-do, and the Defendants reported the advertisement of the NAb B B B, which would lend the amount of KRW 300 to 4 million to the person without any interest, and conspired to open and transfer the account in the name of the corporation under the name of the Defendant A.

Accordingly, on July 27, 2016, the Defendants transferred the instruments for the creation of passbook, cash card, and OPT to three accounts, such as the national bank account (F), the bank account (G), and the Nong Bank account (H), which was opened in advance by the post office located in Jung-gu Seoul Metropolitan Government.

On July 28, 2016, the Defendants continuously transferred the passbook, cash card, and OPT creation machine connected to three accounts, such as the national bank account under the name of the company I (J), the bank account (K), and the SC bank account (L) in the vicinity of the SC Bank located in Jung-gu Seoul Central Bank.

Accordingly, the Defendants conspired to transfer the passbook, cash card, and OPT creation machine connected to the six accounts, which are the medium of access to electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each Act or subordinate statute of a report on commencement of internal investigation, a report on internal investigation (names of a business registration certificate, a family head office, monetary records, the details of entry and withdrawal, and a written statement);

1. The Defendants of the relevant legal provision regarding criminal facts: Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants of choice of punishment: each of them.

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