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(영문) 광주지방법원 순천지원 2015.11.03 2015고단1683
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

No person shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card which is the means of access to an electronic financial transaction.

On March 2015, the Defendant sent a 100,000 won card to the Defendant’s female job offers C, while suggesting that the Defendant would be punished for the money, and then sent a kwikseter’s name card connected with the Defendant’s name bank (Account Number D) bank in the middle of the same month to the Defendant’s name in the middle of the same month. The Defendant sent the kwikseter service article, who sent the kwikseter’s name cards connected with the Defendant’s name bank (Account Number D) bank in the middle of the same month.

Accordingly, in collusion with C, the Defendant transferred the above physical card, which is the means of access to electronic financial transactions, to a person who is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. E’s written petition;

1. Application of the Acts and subordinate statutes of the detailed statement of cash entry/exponing transactions;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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