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(영문) 인천지방법원 부천지원 2015.11.18 2015고단2699

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

In using and managing the means of access, no one shall transfer or acquire the means of access, or receive or borrow the means of access while requesting or promising to receive any compensation therefor.

1. Around June 22, 2015, the Defendant received 300,000 won from a person who was unaware of his/her name in front of the opening area No. 2 in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2015, and issued a check card on the account (Account Number B) in the name of the Defendant, and a passbook and a check on the foreign exchange bank account (Account Number C) in the name of the Defendant.

2. On June 28, 2015, the Defendant received 200,000 won from the person who was unaware of his name at the above place and delivered one passbook and one check card to the account of community credit cooperatives (Account Number D) in the name of the Defendant.

Accordingly, the Defendant transferred the means of access twice as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Statement on the F’s petition and financial transaction statement;

1. Application of Acts and subordinate statutes that describe one, such as foreign exchange, community credit cooperatives, and details of transactions;

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 Commercial Concurrent Crimes Act (by date of the crime and between violations of the Electronic Financial Transactions Act with respect to each means of access);

1. Selection of each sentence of imprisonment;

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

1. Circumstances favorable to sentencing under Article 62(1) of the Criminal Act: The act of taking over the means of electronic financial transactions is not only to impair the security and reliability of electronic financial transactions, but also to masse a number of victims who have been used for various financial crimes, such as scaming, etc.