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(영문) 인천지방법원 2016.10.27 2016고단5423
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 person shall transfer or borrow any means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

On May 10, 2016, the Defendant transferred the means of access to name, via Kwikset Service Articles, one copy of the physical card linked to the new bank account (B) in the name of the Defendant and the corporate bank account (C) in front of the Makset-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written petition;

1. Application of the Acts and subordinate statutes on replies;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that if an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes, such as scaming, etc., it is necessary to strictly punish the transfer.

Specifically, the fact that the defendant appears to have the attitude of recognizing and opposing the crime is favorable, the fact that the defendant has the same criminal power twice in the same kind of punishment shall be considered disadvantageously, and the defendant's age, character and conduct, environment, etc. as shown in the records and arguments of this case shall be determined as ordered by considering the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing

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