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(영문) 대전지방법원 2016.06.29 2016고단1062

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, on March 7, 2015, the Defendant: (a) filed an application for Internet banking from the Saemaul Bank Account (Account Number B) in the name of the Defendant in the name of the Defendant; and (b) lent the access media by transmitting the pictures of the head of the Tong and the security card in which the Internet banking ID, password, etc. are indicated; and (c) lent the access media using smartphones; (d) around that time, the Defendant was transferred 50,000 won in return.

Accordingly, the defendant loaned the access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding a fine and the fact that the sentence is against the fine, etc.);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;