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(영문) 인천지방법원 2016.11.10 2016고단6170
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall receive, lease or lend any "means of access", such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions.

Nevertheless, the Defendant received 500,000 won from the Bupyeong-gu Incheon Bupyeong-gu, 2015, 168, 500,000 won, which was linked to the Japanese bank account (B) in the name of the Defendant in front of the Bupyeong-gu Office of Bupyeong-gu, Incheon, and sent kwikwikset to the name in return for the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of sheshesheshes, search and inspection warrants and replies (twelths 9 through 39)

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the means of access leased by the accused to a person who has not received compensation can be used for so-called singinging fraud, and thus, the social risk and damage are less severe. However, the defendant has no same criminal power, the degree of profits actually acquired by the defendant due to the crime in this case is not significant, the defendant's mistake is divided later, and the punishment is determined as above in consideration of all the circumstances under which the sentencing conditions, such as the defendant's age, character and conduct, occupation, environment, family relationship, etc., are considered.

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