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(영문) 인천지방법원 부천지원 2017.01.24 2016고단3292
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, on June 2014, the Defendant received three million won per month from a person who was in a false name at a place in the name of the Defendant, and two passbooks and passwords connected to the new securities account (C) and the Agricultural Cooperative account (D) under the name of the Defendant were sent to the person who was in the name of the Defendant through Kwikset Service Officer.

As a result, the defendant agreed to receive the price and used the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the details of damage, each reply, a certificate of confirmation of transfer, an application for opening an account, and details of transactions;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is against his/her gender and that the defendant's health is relatively old);

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