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(영문) 서울북부지방법원 2016.08.24 2016고단2204
전자금융거래법위반
Text

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

However, the execution of the above punishment 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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, around December 10, 2015, the Defendant listened to the speech that “the physical card and password of the bank account in the name of the head of the Tong is changed so that it can be loaned after raising credit by making a large number of the entry and departure details to the head of the Tong.” On December 15, 2015, the Defendant transferred the physical card, password, and password connected to the Defendant’s bank account in the name of the Defendant to the non-existent male who sent the above name in front of the Defendant’s company located in Gwangjin-gu Seoul Special Metropolitan City around December 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Transfer of accounts in the name of D;

1. The application of Acts and subordinate statutes to financial statements (A);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. On July 3, 2013, the Defendant was investigated by an investigative agency on the charge of sending the passbook and cash card of the Defendant’s Saemaul Savings Depository account to an unrelated party for the purpose of obtaining a loan, but was issued a non-guilty disposition on the ground that it was merely delegated temporary use until the loan was granted, and it was not recognized that the access media was transferred. On August 11, 2015 and August 13, 2015, the Defendant released the password, etc. of the Defendant’s post office account from the account and sent it to the Defendant, and was investigated by the investigative agency, but transferred it to the Defendant, not to transfer the access media itself.

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