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(영문) 인천지방법원 2016.10.07 2016고단5310
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall transfer any means of access used in electronic financial transactions unless otherwise specifically provided for in any other Act in using and managing the means of access.

On April 28, 2016, the Defendant received a proposal from the Yeonsu-gu Incheon, Yeonsu-gu, to the effect that, if his name is lent to a person whose name is unknown, he would give 4 million won if he lends cam cards from such person. The Defendant issued a national bank account (D) with the name of the Defendant to Kwikwikset Service Articles whose name is unknown, and transferred the means of access by notifying the password.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the detailed statement of transfer transactions submitted by the victim;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the reflection of the accused and the recognition of the crime, and the fact that the accused has no criminal record for the same kind);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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