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(영문) 수원지방법원 여주지원 2016.10.05 2016고단793
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions or transfer or acquire a means of access used to secure the authenticity and accuracy of users and the details of such transaction, or borrow or lend a means of access or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

Nevertheless, on April 27, 2016, the Defendant received a telephone from a person whose name is unknown, and heard the words "to arrange loans equivalent to three million won," and instead, to inquire about credit information necessary for the loan, the Defendant sent a physical card and password of the bank account under the name of the party, and then sent it to him/her." From the front of the "C" in Echeon-si, E-C, the Defendant sent a physical card connected to the bank account (Account Number: D) in the name of the Defendant, to Kwikset service article who sent the above name to him/her and sent it to him/her to whom the above name is unknown.

As a result, the Defendant promised to pay, and delivered the means of access to financial institutions to those who are not aware of the above name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of transfer receipt, A application for deposit transaction Acts and subordinate statutes;

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 on the stay of execution;

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