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(영문) 광주지방법원 2018.02.01 2018고단7
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

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

1. On June 14, 2016, the Defendant transferred the access media under the name of the Defendant: (a) received KRW 500,000 from E in the D coffee shop located in Gwangju Seo-gu; and (b) transferred the cash cards, OTP cards, etc. in the name of the Defendant to that person.

2. Transfer of a medium access to G name;

A. On June 16, 2016, the Defendant: (a) received cash cards, OTP cards, etc. from G in the name of the agricultural cooperative account (H) from G in the front of the Dong-dong Public Health Center in the Dong-dong-dong, Gwangju; (b) on the same day, the Defendant acquired and transferred the access media using the said agricultural cooperative account access media in the name of G from D coffee shop in Gwangju-gu, Seo-gu; and (c) received KRW 500,000 in return, and transferred it to G.

B. On July 21, 2016, the Defendant: (a) received from G the cash card, an OTP card, etc. in the name of the Saemaul Treasury account (I) from G in the front of the Dong-dong Public Health Center in the Dong-dong, Dong-gu, Gwangju; and (b) on the same day, at the D coffee shop located in Gwangju-gu, Gwangju-gu, the Defendant acquired and transferred the access media by acquiring KRW 500,000 for the said Saemaul Treasury account access media from G to G; and (c) transferred the access media by receiving KRW 50,000 in return.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each part of the protocol concerning the examination of suspects of the police against J;

1. An investigation report (report on the confirmation of the opening of an agricultural bank account in the name of the G);

1. Data sent to post offices;

1. Information on replies to agricultural cooperatives;

1. Application of Acts and subordinate statutes on transaction details;

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

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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