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(영문) 창원지방법원 통영지원 2017.09.27 2017고단1041
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On May 31, 2012, the Defendant was aware of the fact that “The Defendant transferred physical cards, etc. connected to the agricultural cooperative account in the name of the Defendant to the non-resident for the purpose of applying for loans in the middle of January 2012” was subject to the suspension of indictment on May 31, 2012 by the Busan District Public Prosecutor’s Office, and the Defendant did not confirm the identity of the other party and did not provide a normal loan in the event of the establishment of access media. Rather, the Defendant was aware of the fact that he could not receive the other party’

Nevertheless, on June 2017, the Defendant received the phone from a person without a name that he/she is in need of the physical card for personal loan, and did not confirm the exact identity of the person without a name, and sought the horses of the person with a name that he/she would terminate the relevant physical card three months thereafter, and without considering that he/she would receive a return of his/her physical card from the beginning, he/she sent the above name and non-indicted 1 card to the person with a name of the Defendant’s bank account (D) at the C office located in Dong Young-si B around the same month without considering that he/she would receive a return of his/her physical card.

Accordingly, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer;

1. Application of Acts and subordinate statutes to a search and inspection warrant and financial transaction statement;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the fact that the defendant was sentenced to the punishment of a fine and the suspension of indictment for the same crime, the fact that the defendant was sentenced to the suspension of indictment is the same content as the crime of this case, and the defendant is the same.

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