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(영문) 광주지방법원 2016.09.21 2016고단2984

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing access media, borrow or lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on January 1, 2016, the Defendant was unsatisfyed to send the passbook to a person who frighted to money, which was published in the Pest North, a single-person B published in the Pestbook.

The term “CFC Account” means 300,000 won per page, in particular one million won per page, by reporting and communicating comments to the effect that it is “........”

On the other hand, it received a proposal that the Internet banking ID and password will be notified to deposit KRW 100,000 in advance, and the head of the Tong and the cke card will be sent to the door-to-door, and the remaining KRW 900,000 in receipt of the door-to-door deposit.

On February 1, 2016, the Defendant received KRW 1.50,000 from the deceased and the deceased, to the Defendant’s friendship C account, and sent the password and account number of the Defendant’s NongHyup account (D) and the Internet banking ID and password connected to the said account to the deceased in writing, and then sent the above account’s check card and passbook to the deceased in writing at the post office located in the Sungbuk-dong, Sungbuk-dong, the next day.

Accordingly, the defendant received compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A’s copy of A’s CF Card, A’s copy of A’s A’s CF Account (after computerized processing of the head of the Tong), and the results of inquiry into the transaction details of another CF account in receipt of consideration for lending of the head of the Tong, applying legislation to A’s CF Account (as to the financial account connected to ACF Account);

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.