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(영문) 전주지방법원 2016.01.28 2015고단1953
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium for electronic financial transactions, such as a password necessary for the use of a cash card or a cash card, a user number registered with a financial institution or an electronic financial institution, in using and managing access medium.

Nevertheless, on April 2015, the Defendant received a proposal from “C” located in YY-gu, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.D., and consented to the issuance of a passbook from a person who has an influence of his/her name to KRW 200,00,000,000.

Accordingly, the Defendant transferred the electronic financial transaction access media to a name-free person as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Each report on investigation;

1. A copy of seizure records and a copy of seizure list;

1. A copy of passbook of a national bank, a copy of electronic financial service certificate, and a photograph of resident registration certificate;

1. Application of the Acts and subordinate statutes concerning seized articles, photographs, photographs and videos stored in suspect E mobile phones;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The transfer of the electronic financial transaction access media (not subject to sentencing guidelines) on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) requires strict punishment in light of the following: (a) the stability and reliability of the electronic financial transaction; and (b) the access media may be abused for other crimes such as singinging fraud; and (c) the possibility of the Defendant’s access media to be used for other illegal purposes could have been easily predicted in light of the content proposed by the non-name-based person.

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