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(영문) 대구지방법원 2017.08.11 2017고단2950
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2017, the Defendant, at the Defendant’s home located in Yongcheon-si B, entered a password on the back of the post office account (Account Number: C)’s physical card at the request of a person in a fire, sealed it in a stuff. On January 4, 2017, the following day, at around 15:00, the Defendant, at the Defendant’s house located in Yongcheon-si B, sent a string with a string card containing a password, as above, to a person who had driven a string vehicle before the Defendant’s house.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. The defendant asserts to the effect that "the defendant has returned the physical card to increase the credit rating of the defendant for the loan" from a person in a nameless circumstance and sent the physical card to a nameless person, and the physical card is not transferred. The defendant's statement to the effect that "the defendant sent the physical card to increase the credit rating of the defendant for the loan" is not a transfer of the physical card to a nameless person.

In light of the following circumstances revealed based on the above evidence, the Defendant sent the physical card to the nameless person without confirming at all the specific matters related to the loan (such as loanable amount, loan time, repayment period, etc.), the Defendant appears to have no way to receive the physical card return since he did not know at all about his personal information or contact details, and the Defendant deleted all the contents of the Kakao Stockholm conversation received from the nameless person. In light of the above, it is reasonable to view that the Defendant transferred the physical card to the nameless person rather than temporarily leaving the physical card for the purpose of raising the credit rating for the nameless person.

The above assertion by the defendant cannot be accepted.

The application of legislation;

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