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(영문) 인천지방법원 2017.11.23 2016고단8445
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

1. On May 22, 2016, the Defendant: (a) around May 2, 2016, from a person in unsound name to a mobile phone; (b) granted 1.5 million won per head of the passbook account and card per page to the importing company of alcoholic beverages.

"Around 14:00 around May 30, 2016, on the road of Yeonsu-gu Incheon Metropolitan City and No. 101, the head of Yeonsu-gu, and the head of the Si/Gun/Gu assigned the access media through Kwikkset service with the physical card connected to the account of the defendant's his/her father D (Account Number: E) and the personal identification number from the cell phone to the non-resident.

2. The Defendant grants 1.5 million won per head of the passbook and card per 1.5 million won to the importer company of alcoholic beverages, on the face of the passbook account and card only.

In response to the proposal, around May 25, 2016, at the place specified in paragraph (1) around May 25, 2016, he/she transferred a physical card connected to the FF account in the name of the defendant through Kwikset service to the name-oriented person, and notified the name-oriented person of the password to the cell phone name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Provision of financial transaction information to Suhyup and response to financial information (17 highest 5299 highest 52,83 of the evidence records of the case) shall apply to the Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (i.e., sentencing as below) is to transfer to another person access media connected to the deposit account, such as the instant case, is that the transfer of such media leads to an obvious social harm and injury.

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