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(영문) 인천지방법원 부천지원 2015.10.29 2015고단2543

전자금융거래법위반

Text

A defendant shall be punished by imprisonment 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

Except as otherwise provided for in any other Act, no one shall transfer the means of access used in electronic financial transactions.

Nevertheless, around August 19, 2014, the Defendant sent a e-mail card connected to the post office account (C) in the name of the Defendant, on condition that the mother of the Defendant in Kimpo-si B receives KRW 4 million per month from his office, to a person whose name is unknown through Kwikset service article, and notified the account number and the password of the e-mail card to that person by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each investigation report (including attached documents), the principal financial transaction (including entry fees), and the details of financial transaction information, and the Acts and subordinate statutes governing financial transactions;

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. Taking into account the following: (a) the fact that the defendant was led to confession and is against the reason for sentencing under Article 62(1) of the Criminal Act; and (b) the number of means of access transferred is small;