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(영문) 인천지방법원 2019.02.14 2018고단8725

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 person shall transfer any means of access used in electronic financial transactions.

Nevertheless, at around 19:00 on July 2018, the Defendant made a false statement of the name, who proposed to the effect that “if he provides a e-mail card, he will have it manage the illegal sports soil site site.” However, according to the above conditions, the Defendant sent the e-mail card connected to the bank account (C) in the name of the Defendant and sent the password to him.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. There is no sentencing guidelines for the crime of violating the Electronic Financial Transactions Act: (a) the act of transferring or lending the means of access to a third party for six months of imprisonment or one year of suspended sentence may cause damage to many and unspecified persons as the act of using the means of access, such as licensing, etc. In fact, the account of the means of access leased by the accused has been used for the crime of fraud; and (b) the accused has not been aware of the history of receiving a fine due to the crime of the Electronic Financial Transactions Act, and (c) the accused is going to commit the instant crime again without being able to do so.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant seems to have never earned any profit from the crime of this case, the defendant has no particular criminal power, in addition to twice fines, and other facts.