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(영문) 대구지방법원 김천지원 2016.11.23 2016고단1231
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 2013, the Defendant violated the Electronic Financial Transactions Act with respect to the transfer of means of access: (a) around 2013, the Defendant used “C (personal matters not)” to exchange the means of access to “C” to increase the transaction performance; (b) obtained the physical card of the account in the name of the Defendant and the authorized certificate; and (c) informed the password.

Accordingly, the Defendant transferred the means of access.

2. Violation of the Electronic Financial Transactions Act by the acquisition of means of access;

A. On June 2013, the Defendant received 500,000 won from E to E at a mutually influorous restaurant in the Seocho-si, Changwon-si, Changwon-si, and from E to E, the physical card and password of the National Bank Account (F) in the name of E.

Accordingly, the Defendant acquired the means of access.

B. On September 2013, the Defendant: (a) received 500,000 won from the Broadcasting and Communications University, prior to the Broadcasting and Communications University, which is located in the Changwon-si Portal Campaign; and (b) obtained from E each of the bank accounts in the name of E, the National Bank Account in the name of H (G), the National Bank Account in the name of H (I), and the bank account in the name of J (K) in the name of J (K).

Accordingly, the Defendant acquired the means of access.

C. Around September 2013, the Defendant received 300,000 won from M L in Changwon-si M to N and obtained N’s bank account (O), an authorized certificate, and a password from N.

Accordingly, the Defendant acquired the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, J, N, and H;

1. Details of transactions of H and E respective national banks, J, E, and N respectively;

1. Reports on internal investigation (for the account in the name of E immediately after the receipt of a warrant 2014-1168);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the summary order, etc. of the relevant case);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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