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(영문) 인천지방법원 2019.08.21 2018고단8361

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 one may transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on January 18, 2018, the Defendant received a proposal from a name-free person to "be able to lend credit-free persons, as it is possible to make a loan by means of a passbook, to make a loan, and to send a passbook and a security card." On January 18, 2018, the Defendant sent a security card (OTP card) connected to B's mother's account (Account Number: D) and a security card (OTP card) connected thereto to the address of the Incheon City bus Terminal to the name-free person.

Accordingly, the Defendant transferred security cards, the means of access to electronic financial transactions, to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement of output of a conversation related to the crime, internal investigation report (Attachment to a detailed statement of deposit transaction), and deposit money;

1. Application of Acts and subordinate statutes to investigation reports (attached to details of transactions of damage deposit accounts), damage deposit accounts, and F message outputs;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The means of access that the Defendant transferred for the reason of sentencing under Article 62(1) of the Criminal Act is highly likely to be used as a means of other crime, such as singing, etc., and is actually used for singinging, and in light of the circumstances and contents of the transfer of the means of access connected to the parent’s account lent from the mother to the account of non-financial institution due to the Defendant’s bad credit standing, the Defendant’s liability is not easy. Meanwhile, the Defendant’s crime of this case is against the Defendant, the Defendant has no record of punishment for the same crime, the number of means of access transferred by the Defendant, and other ages and ages of the Defendant.