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(영문) 수원지방법원 안산지원 2017.05.31 2016고단3178

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire any electronic card or other electronic information equivalent thereto in order to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details, a certificate under the Electronic Signature Act, such electronic card, etc. and a password necessary for using the certificate, a user number registered with a financial company or an electronic financial business entity, or a user's living information.

Nevertheless, on September 2014, the Defendant transferred 4 million won to a new bank account (Account Number D) opened in the name of "A (C)" at the branch of the new bank center located in Gwangju metropolitan City on September 1, 2014, through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on response to financial data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession and reflect of the defendant, and the non-electric power of the same kind);