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(영문) 서울중앙지방법원 2016.11.03 2016고단5817

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

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 2015, the Defendant: (a) received a proposal from a person without the name of “consulting company’s employee” in writing, “if he/she lends a card for 20 days, he/she would pay three million won per account.” (b) around December 11, 2015, the Defendant sent a physical card connected to the post bank account (B) in the name of the Defendant in the vicinity of the gold Station at the new 193-ro, Swikset-ro 193, and sent a password to the person without the name of the Defendant via Kwikset-based service; (c) around December 20:0, 2015, the Defendant sent a password card connected to the bank account (C) in the name of the Defendant to Kwikset-si and sent a password to Kwik-si (C): (d) the Defendant’s name and sent a password to Kwik-si’s account via the call; and (e) notified the Defendant’s name and password to Kwik-si (C).

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A H statement;

1. Application of the Acts and subordinate statutes on the account transaction of Korean bank under A;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence 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. Although there was a history of having been suspended from indictment for the same crime as the one of the reasons for sentencing under Article 62(1) of the Criminal Act, the crime of this case is disadvantageously committed, but the fact that there is no benefit acquired from the crime is contrary to what is unfavorable circumstances, mistake and depth, and that there is no benefit acquired from the crime.