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(영문) 창원지방법원 2018.10.11 2018고단2126
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, lend or lease any access medium, or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the compensation therefor.

Nevertheless, the Defendant would provide a loan to a person whose name is unknown on March 20, 2018, if he/she transferred a e-mail card through a mobile phone text message.

At around 16:40 on the same day for the purpose of obtaining a loan, Kwikset service article sent by a person who is not aware of the above name and sent one check card connected to the National Bank Account (Account Number: C) opened in the name of the defendant at the GGG in Kimhae-si, Kimhae-si, and sent it to him and notified the account number and the password of the above account.

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

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 governing the verification of transactions of transfer of electronic finance;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 201; 201Do134, Feb. 1,

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