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(영문) 서울남부지방법원 2015.04.03 2015고단567
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access in using and managing electronic financial transactions unless otherwise specifically provided for in any other Act.

Around February 5, 2014, the Defendant transferred the means of access over two occasions to a new bank (E), agricultural bank (F), one bank (G), one bank (H), and community credit cooperatives (I)’s five financial companies’ passbooks, physical card and passwords, Internet banking ID and password, Internet banking ID and password, OTP card, etc. at the time of using the above name bearer again, or at the time of using the same time, the Defendant transferred the passbook, physical card and password, Internet banking ID and password, Internet banking bank (J)’s passbook, Internet banking ID and password, and OTP card, etc. to the above bearer of the foreign bank (J)’s account used by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against K;

1. Each investigation report (such as the DNA telephone call, etc. of a suspect, and smartphone conversations owned by a suspect A) - Details of telephone conversations;

1. Details of account transactions in the defendant's name;

1. Each investigation report (Attachment of details of transfer account, details of account transactions of community credit cooperatives and investigation report related to the account of one bank under A who is a suspect);

1. Application of the Acts and subordinate statutes on suspect A financial transaction answer materials;

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 Commercial Concurrent Crimes Act (mutually violating the Electronic Financial Transactions Act concerning the transfer of means of access to new banks, agricultural cooperatives, Korea banks, Han Bank, and community credit cooperatives);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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