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(영문) 울산지방법원 2016.04.28 2016고단132
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on July 2015, the Defendant received a call from an unsevered person to offer a loan when sending a physical card from an unsevered person, and sent the physical card to the above unsurged person by using the bus home at the Ulsan-gu Seoul Metropolitan City High-speed Bus Terminal that is located in Ulsan-gu, Busan Metropolitan City, to show the physical card connected to the accounts of the Saemaul Treasury (C) in the name of the Defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to certificates of monetary details, membership transaction account details;

1. The Defendant transferred a e-mail card with the head of the Tong to the criminal facts under Article 49(4)1 and Article 6(3)1 of the Act on the Electronic Financial Transactions in the relevant criminal facts; the Defendant’s reason for imposing the sentence of imprisonment for selective punishment was that the Defendant had been using the e-mail card for the e-mailing crime at least six times on account of the fact that the e-mail card was used for the e-mailing crime (the Defendant sent and changed the access medium to obtain the loan as in the instant case at that time). The instant crime was committed during the criminal trial, and the Defendant did not commit the said crime again at the above trial.

The sentence is inevitable in that the person who promises to be punished by a fine under the summary order is actually damaged by the transfer of the defendant's access media.

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