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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2375

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for four months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no defendant A shall transfer a means of access used in electronic financial transactions;

Nevertheless, on May 30, 2015, the Defendant sent a physical card connected to a corporate bank account (D) opened in the name of the Defendant on the condition that he received KRW 6 million from Kimpo-si, Kimpo-si, 902, 804, and 6 million, to a person whose name is unknown through Kwikset service article, and notified the account number and the password of the physical card to that person via text messages.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

2. Except as otherwise expressly provided for in any other Act, no defendant B shall transfer any means of access used in electronic financial transactions;

Nevertheless, on May 30, 2015, the Defendant sent a physical card connected to the account (F) in the name of the Defendant on the condition that he receives KRW 2,500,000 per month from the office of the Defendant located in Bupyeong-gu, Seocheon-gu and the Defendant received KRW 2.5 million per month from the office of the Defendant, and sent a physical card connected to the account (G) in the name of the Defendant through Kwikset service article to the person whose name is unknown through Kwikset Service article, and notified the password of each account number and physical card to that person by telephone.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

1. Application of a written confirmation of transfer transactions and each of the new Acts and subordinate statutes on financial transaction information;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants: Imprisonment with prison labor;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decisions 2006Do