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(영문) 서울남부지방법원 2017.08.09 2017고단1313
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while making a telephone conversation with a person with whom the personal information referred to as “SBI Savings Bank C Agency” is unknown, sent several accounts because he/she would give a loan after increasing credit rating.

(E) “Around 19:00 on November 2, 2016, at the Defendant’s residence of Yangcheon-gu Seoul Metropolitan Government, issued each physical card connected to the Defendant’s name-free Kwikset Service Articles (E), 2 (F), 3 (G), and then sent the account number and password to the person named “C agency” by telephone.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made by the police with H;

1. Notification of data on financial transaction status;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

1. Article 49 (4) 2 and Article 6 (3) 2 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 imprisonment with prison labor chosen;

1. The reason for recognizing the transfer of Article 62(1) of the Act on the Suspension of Execution (such as the fact that the defendant is a primary offender, the defendant is a military police officer on duty, and is suffering from cerebralopty) is that the defendant transferred the cream card to raise the credit in order to obtain a loan, and that the defendant is believed to have received a return thereof.

that there was no intention of transfer.

The argument is asserted.

According to the above evidence, the defendant did not know who he was the lending company, broker, or broker of the lending company and did not confirm it. The fact that if the person who received the check arbitrarily returned it, there was no way for the defendant to return it. The Cock card delivered by the defendant is up to five, and the defendant is determined as to the lending entity, amount, interest rate, and the lending method.

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