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(영문) 인천지방법원 2019.09.05 2019고단4404
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 of the final judgment.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access unless otherwise provided for in other Acts in using and managing the means of access.

Nevertheless, around June 7, 2018, the Defendant received a communication from a nameless person who introduced as B’s employee on June 7, 2018, stating that “When sending a physical card, the Defendant would have made a work to deposit the company’s money to create credit necessary for the loan, and would obtain a loan by accumulating false transaction records, and created a balance of the account in the name of the Defendant’s name (Account Number: D) at zero, and then sent a copy of the e-mail card connected to the above account by sending it to a nameless person at his/her own house from the old post office located in Incheon, at around 14:30 on the same day.

As a result, the Defendant promised to receive intangible expected profits that can be received future loans and transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A petition for E works;

1. Application of Acts and subordinate statutes on deposit statements and warrant reply documents;

1. The phrase “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act” as stated in the pertinent Article of the Act and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding criminal facts is obvious that the term “Article 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act” is a clerical error in light

Imprisonment Selection

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only disrupting the safety and reliability of electronic financial transactions, but also serving as the basis of other serious crimes, such as Bophishing fraud, and its nature is not weak.

The Defendant was sentenced to a suspended sentence due to the fact that he participated in the crime of Bophishing fraud, and was investigated by entering the physical card as a fact of transferring it, and even though he was well aware of the risk of such crime, he again committed the crime of this case.

The means of access leased by the accused.

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