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(영문) 수원지방법원 2015.05.28 2015고단111
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

In using and managing a means of access used in electronic financial transactions, no one shall transfer or acquire any means of access, nor arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act.

[2015 Highest 111] On August 11, 2014 through December 12, 2014, the Defendant transferred the means of access to another person by providing Kwikset Service with physical cards and passwords connected to the Kwikset Investment Securities account under the name of the Defendant on the condition that he/she would receive 20% of the profits from stocks and funds from his/her name in front of the building of the Korea Coast Guard located in the Maritime Police Agency, Incheon Metropolitan City.

[2015 Highest 717] On July 23, 2014, the Defendant issued e-mail cards and passwords connected to one bank account from the street No. 104-406, Yeonsu-gu Incheon, Incheon, using Kwiksetset Service, transferred the means of access to others.

Summary of Evidence

[2015 Highest 111]

1. Defendant's legal statement;

1. Written statements of D;

1. Inquiry into the results of transfer management, written confirmation of transaction, etc. (2015 order717);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The execution of imprisonment shall be suspended in consideration of the fact that probation and community service order recognize and reflects the crime of sentencing under Article 62-2 of the Criminal Act, the fact that one month is detained, the fact that one month is detained, and the person has no criminal record of suspended execution or more, but probation and community service shall be ordered to prevent recidivism;

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