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(영문) 인천지방법원 2016.10.26 2016고단6153

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any "means of access", such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions.

1. On July 5, 2016, at around 18:00, the Defendant issued a personal bank account in the name of the Defendant (D) and the Defendant’s wife E account in the name of the Defendant (F), a national bank account (G), and a fisheries cooperative account (H) via Kwikset on the condition of receiving four copies of the physical card connected to the Defendant’s name, and notified him of the password by cell phone message.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

2. At around 14:00 on July 5, 2016, Defendant B issued a physical card, each connected to the account under the name of the Defendant (K) and the national bank account (L) before the J in Bupyeong-gu Incheon, Seo-gu, Incheon, on condition that he received KRW 2,00,000 per month from the account, on condition that he received KRW 2,00,000 per account, and notified the password by telephone communications.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of M;

1. Each statement of damage;

1. Each specification of transactions;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 49 (4) 2 and Article 6 (3) 2 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 each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act suspended execution (in the case of the defendant A, the first offender who has no power to commit any crime; in the case of the defendant B, there is no power to commit the same kind of crime; and in the case of the defendant B,

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;