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(영문) 대구지방법원 2016.11.29 2016고단4990

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 became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

On January 1, 2016, the Defendant reported the advertisement of the name B, 150,000 won per day, and made a proposal that “the opening of a corporate passbook and the creation of a cash card with documents received through Kwikset service in the daily amount of KRW 1.50,00 per day,” from the person who was unaware of his name. On March 3, 2016, the Defendant transferred the means of access in the electronic financial transaction by holding the passbook, cash card, and password of the CB bank account (Account Number: D) of the company established on the same day to Kwikset service article in front of the Seoul Yongsan-gu, Yongsan-gu, Seoul, as of March 14:00. < Amended by Act No. 14320, Mar. 3, 2016>

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes, such as details of account transactions, details of transactions, etc. and data prepared by the opener;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., a person who has no record of self-determination, the same kind of power or fine or heavier punishment, and gains acquired by committing a crime);