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(영문) 서울서부지방법원 2020.09.09 2020고단1884

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

1. Around April 2019, the Defendant received a proposal from a person without his/her name to the effect that “When sending a passbook, physical card, etc., he/she would make him/her obtain a loan by creating a transaction performance,” and around that time, he/she transferred the means of access by sending a passbook, password, OTP, and physical card connected to B bank account (Account Number:D) to Kwikset Company’s bank account (Account Number:D) in the south area located in 7-gil 25, as Seoul Yongsan-gu, Yongsan River.

2. Around May 2019, the Defendant received a proposal from the same purport as the above Paragraph (1) around May 2019, and around May 2019, the Defendant transferred the means of access by sending a passbook, password, OTP, and check card connected to the account in the name of Kwikset (F) in the vicinity of the above Southern area.

3. Around August 2019, the Defendant received a proposal from the same purport as the above Paragraph (1) around August 2019, and transferred the means of access by sending a passbook, password, OTP, and physical card connected to the account under B of Kwikset (Account Number: G) around August 2019 through Kwikset Service in the south area.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Responses to the request for financial transaction information, the C bank account (Evidence No. 12), and the details of account transactions;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to the detailed statement of deposit and withdrawal in B accounts of a stock company);

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, respectively;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is highly different from the means of access transferred as such, such as scam, etc.