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(영문) 서울남부지방법원 2017.08.11 2017고단524
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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

Nevertheless, on October 19, 2016, the Defendant is operating a private soil site from a person under the name of the deceased who became aware of through a smartphone hosting Stockholm on or around October 19, 2016, and the account is needed.

10,000 won shall be placed on the face day of a week for the use of the check card of the account which can be deposited.

“In receipt of the proposal, at around 19:00 on the same day, Kwikset service provider sent to the Defendant’s nameless winners under the Gangseo-gu Seoul Metropolitan Government 703 Dong 1412, the Defendant’s residence, one copy of the physical card connected to the Defendant’s bank account (D). On the same day, he received KRW 10,000 from the Defendant’s national bank account to the Defendant’s nameless, and then, he received 10,000 won from the Defendant’s nameless person, and then notified the Defendant of the password of the above account.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, and K;

1. Results of replies to warrants;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect A's entry into and departure from National Bank);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (with no past record of the same type, and consideration of the previous record of a fine for this type and three times, circumstances of the crime, etc.);

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