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(영문) 서울북부지방법원 2015.09.10 2015고단2035

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall lend any means of access used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transaction with users and other users.

On March 1, 2015, the Defendant borrowed 10% of the amount of money if he borrowed the passbook to be used for the purpose of receiving the price of delivered goods from his nameless person from his nameless person in front of the Seoul Northern-gu, Seoul, and borrowed Kwikset Service with Kwikset and nameless person with a physical card and password connected to the account of community credit cooperatives (C) in the name of the Defendant.

As a result, the Defendant promised to lend a means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police record regarding D;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Lending the information on a means of access (physical card and password) used in electronic financial transactions with reason for sentencing under Article 62(1) of the Criminal Act is a dangerous crime that may directly relate to any other serious crime, such as scam, etc.;

Nevertheless, the Defendant committed the instant crime without disregarding such risk.

In addition, the defendant has a past record of fraud.

(C) On August 24, 2009, the defendant shall be sentenced to imprisonment with prison labor for four months and one year of suspension of execution on August 24, 2009: Provided, That the defendant shall be sentenced to imprisonment with prison labor for a crime committed and the defendant shall be sentenced to the punishment