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(영문) 광주지방법원 2017.08.11 2017고단906
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 2016, the Defendant transferred the passbook, e-mail card, and OTP card connected to the company bank account (number E) under the name of the Defendant to a person who was unaware of the name in front of the second apartment house located in the Bupyeong-gu, Gwangju Metropolitan City.

2. On March 24, 2016, the Defendant access to H, a website related to “illegal sports soil”, the term “G” room located in Seo-gu, Gwangju, Seo-gu, and on the bulletin board, “The actual tax invoice shall be delivered only to the safe passbook.”

The actual contents of the tax are as follows: “The head of the corporation shall sell the account in the name of an individual or corporation” and advertised the transfer of the access media.

3. On April 1, 2016, the Defendant: (a) taken over passbooks, check-up cards, OTP cards, and security cards connected by J from the J to the agricultural bank account in the J’s name at the influence area of not more than 11:00, Nam-gu, Nam-gu, Gwangju.

As long as the primary charge is found to be guilty, no separate judgment is made on the ancillary charge.

Paragraph 4 is also applicable.

4. On April 1, 2016, around 13:50, the Defendant received, respectively, a passbook, check-up card, OTP card connected to M’s national bank account (number N) from M, and a passbook, check-up card, and OTP card connected to O’s agricultural bank account (number P) from O.

Summary of Evidence

[Judgment No. 1]

1. Partial statement of the defendant;

1. To make a statement to the accused in part of the protocol of interrogation of the suspect to the prosecution twice;

1. Statement made by the police in Q Q Q;

1. The statement of the certificate of transfer confirmation [the defendant's possession and delivery of passbooks, etc. to the nameless person as stated in paragraph (1) of the facts charged are consistent, but he/she will receive the loan and return it two weeks thereafter;

하여 통장 등을 건넸을 뿐이므로, 통장 등을 양도한 것은 아니라며 이 부분 공소사실을 부인한다.

However, in light of the following circumstances acknowledged by the evidence investigated and adopted by this court, the accused is a passbook.

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