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(영문) 수원지방법원 안산지원 2016.04.07 2016고단314
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 lend any access medium, etc. in promising any third person to provide a password, user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, around 14:00 on October 15, 2015, the Defendant: (a) received a proposal from a person on the street in front of the Ho-dong, Ho-dong, Ho-dong, that “to pay KRW 6 million from 4.5 million to 4.5 million if he/she lends his/her account; (b) delivered the cash card 2 of the bank account in the name of the Defendant to Kwikset service; and (c) lent the cash card access media of electronic financial transactions by promising to give compensation to the above person in the name of the Defendant by informing him/her of the password of the above cash card 2 by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of a receipt for the transfer of damage, financial information of the accounts in the name of the Korean bank, and financial information of the accounts of the Saemaul Bank in the name of A;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of text messages) and pictures of text messages;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant acknowledges and reflects his/her mistake,

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