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(영문) 광주지방법원 순천지원 2015.11.23 2015고단1587

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 lend a means of access necessary for electronic financial transactions in return for any consideration.

1. On April 6, 2015, the Defendant violated the Electronic Financial Transactions Act, around April 6, 2015, when searching on the Internet at the Defendant’s home located in Mayang-si B apartment 212 Dong 2211, the Defendant sent the account number and security card pictures to the Defendant and borrowed the means of access necessary for electronic financial transactions by receiving KRW 500,000,000 from the Defendant’s account (hereinafter “C”) in return for informing the Defendant of the identification number.

2. On April 8, 2015, the Defendant violated the Electronic Financial Transactions Act, around the same month, at the same place, sent pictures of one bank account (number E) and security cards in the name of the Defendant to the person in violation of the said Act at the same time, and leased the means of access necessary for electronic financial transactions by receiving KRW 50,000 to the said agricultural bank account under the name of the Defendant in return for informing each of the password, Internet banking ID and password.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of detailed statements of transactions and A-registered foreign exchange bank account Acts and subordinate statutes used for crimes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the defendant has acquired the price for the instant crime, and the head of the Tong, etc., in which the defendant lent, actually used for the crime.