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(영문) 인천지방법원 2016.12.15 2016고단5457

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2015, 2015, the Defendant issued Kwikset Service to a corporate bank account opened in the name of the Defendant in the name of the deceased, through Kwikset Service, to the company bank account (D) and the physical card (including password) opened in the name of the Defendant.

Accordingly, the defendant transferred the physical card and the password necessary to use the physical card, which is a medium access to electronic financial transactions.

Of April 2016, the Defendant: (a) received a proposal from a person who was unaware of his/her name to transfer his/her passbook at the Internet Facebook; and (b) respondeded to this offer; (c) around that time, the Defendant transferred the means of access to the bank account (E) in the name of the Defendant prior to the Defendant’s home in Nam-gu C and 405, via Kwikset service article.

Summary of Evidence

"2016 Highest 5457"

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. A certificate of transaction confirmation "2016 Height6396";

1. The defendant's legal statement (the third trial date);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on remittance confirmation;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that if an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes, such as Bosing, etc. In fact, it is necessary to strictly punish the means of access transferred by the Defendant.

In addition, the fact that the defendant seems to have the attitude to recognize and reflect the crime is the same kind of punishment power twice for the defendant under favorable circumstances.