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(영문) 인천지방법원 부천지원 2014.04.24 2014고단507

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Busan District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on February 22, 2014.

No person shall issue a transaction request in electronic financial transactions or transfer the means of access, such as a cash card and its password, which are the means or information used to secure the authenticity and accuracy of users and the details of transactions.

1. On September 24, 2013, the Defendant posted a letter stating that “The Defendant would give a face value of KRW 500,000 per face value to a face value,” on the NAF bulletin board. The Defendant transferred the check card to the Defendant’s modern securities account, Samsung Securities account, and Han C&L account in the name of the Defendant on the front of the Guro-gu, Guro-gu, Seoul, 5 5 dong-ro, 585-5 dong Station.

2. On November 7, 2013, the Defendant puts up a letter stating that “The Defendant would offer two passbooks to each KRW 100,000 per day on the face of opening the NAC bulletin board.” On the first floor of the Life-long Building in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, the Defendant transferred the phone card of one bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Each statement of E, F and G;

1. A statement of remittance of deposits without passbook, and a statement of transfer;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of concurrent judgments under the latter part of Article 37 of the Criminal Act);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, even though the defendant had the same criminal records and reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act three times (a fine is imposed on October 2008, 201, June 6, 201, and December 2012), the fact that the defendant committed the instant crime for the purpose of punishing money and received 2.24 million won for the purpose of punishing money, and has not been recovered from damage.