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(영문) 인천지방법원 부천지원 2015.10.21 2015고단2422
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

Except as otherwise provided for in any other Act, no one shall transfer the means of access used in electronic financial transactions.

Nevertheless, around March 26, 2015, the Defendant sent a e-mail card connected to the Korean bank account (D) in the name of the Defendant at the location of “C”, the Defendant’s workplace located in Kimpo-si, Kimpo-si, Kimpo-si, to a person whose name cannot be known, and notified the account number and the e-mail card password by telephone.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes stating the certificate of deposit transaction;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc.: The defendant seems to have led to the crime in this case and to repent his mistake; the defendant has no record of criminal punishment for the same kind of crime yet to be committed; the crime in this case is likely to lead to a crime such as so-called "singing, etc.; thus, the nature of the crime is not good; the means of access is deemed to have been used for multiple crimes; the damage is not recovered; the defendant has already been suspended from indictment for the same kind of crime; and the defendant again committed the crime in this case even though he had already been punished for suspension of indictment, and other circumstances under Article 51 of the Criminal Act shall be comprehensively determined as per the order.

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