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(영문) 서울중앙지방법원 2015.06.25 2015고단2175
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 15:00 on November 14, 2013, the Defendant acquired means of access, such as a new bank account (AC, AD, AE), fisheries bank account (AF, AG, AH, AI), bank account (AJ, AK, AL, AM), cash card and password connected to the national bank account (N, AO, and AP) from the Z, AA.

2. On November 21, 2013, around 17:00, the Defendant transferred the means of electronic financial transactions, such as deposit passbooks, physical cards, etc., connected to the national bank account opened in the name of the State, to Q, around the Gangnam-gu Seoul Metropolitan Government Seo-dong Elementary School.

3. On November 201, 2013, the Defendant transferred the means of electronic financial transactions, such as deposit passbooks of a national bank account (AO) opened in the name of a State AB, to the said AB, near an express bus terminal in Seocho-gu Seoul, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of Q Q;

1. Some statements among police interrogation protocol of each police officer against Z or AA;

1. Each police statement of Q and R;

1. Provision of financial transaction information, bank transaction details, application form for bank transaction, confirmation of purpose of financial transaction, each business registration certificate, total certificate of registered matters, mass account situation inquiry, customer inquiry, inquiry into customer matters, certificates of deposit transaction records, results of inquiry about personal information, and application of Acts and subordinate statutes to the results of inquiry about details of account transactions;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act concerning criminal facts (Amended by Act No. 13069, Jan. 20, 2015)

1. Articles 40 and 50 of the Criminal Act (violation of the Electronic Financial Transactions Act by transfer of any access medium);

1. Selection of imprisonment with prison labor chosen;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are the defendants' errors.

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