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(영문) 인천지방법원 2016.06.09 2016고단2011

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or lend any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, in promise of any consideration.

Nevertheless, on October 22, 2015, Defendant B heard that he would give KRW 700,000 per day of the account if he would allow a person without his name to use the account from a person without his name, and notified the Defendant A of his intention to use the account under the name of Defendant A and receive compensation.

Defendant

A around 13:00 on October 23, 2015, at around 13:0, Defendant B, prior to the Nam-gu Incheon Metropolitan City, opened a bank passbook (Account Number D), one new bank passbook (Account Number E), and each of its accounts, and notified Defendant B of its password. At around 14:00 on the same day, Defendant B sent the above passbook and physical card received from the Kwikset and sent it to the non-party, and notified the password by telephone.

As a result, the Defendants conspired to make a price and put the e-mail card and its password, which is an access medium, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. The details of passbooks, and the application of laws and regulations on transactions in each bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Article 62 (1) of the Criminal Act for a suspended sentence (The following favorable circumstances shall be considered among the reasons for sentencing):

1. The following facts are: (a) the access media leased by the Defendants on the grounds of sentencing under Article 62-2 of the Social Service Order (Defendant B) was actually used for the singishing crime; and (b) Defendant B was subject to criminal punishment (two times of suspended execution) on eight occasions.