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(영문) 광주지방법원 순천지원 2015.12.21 2015고단1647

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card which is the means of access of an electronic financial transaction.

Nevertheless, on May 27, 2015, the Defendant received a letter from a Buddhist person that he/she would offer KRW 2 million if he/she transfers his/her account. On May 28, 2015, around 14:00, the Defendant sent Kwikset’s card connected to the Defendant’s name bank account (Account Number D) through Kwikset’s service and transferred the means of access under electronic financial transactions by notifying the account number and password.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on banking transaction and account details;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The fact that the account transferred by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) is used for the scaming crime is disadvantageous to the Defendant.

However, in consideration of the circumstances favorable to the defendant, such as the fact that the defendant was unable to obtain the price for the above crime, there was no history of punishment heavier than a fine, and the confession and depth of his/her crime, and the sentencing conditions shown in the records, such as the age, character, conduct, environment and circumstances after the crime, etc., the punishment as ordered shall be determined.