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(영문) 광주지방법원 순천지원 2019.05.16 2019고단386

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 one shall transfer a means of access, such as a user number, an electronic card or other similar information registered with a financial company, etc. used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details, and a password necessary for using such means of access, or request, demand or promise to lend the consideration therefor.

On June 2018, the Defendant received a proposal from a person whose name he/she became known through the mobile phone advertising text from a person who is unable to know his/her name by telephone to use it as a borrowed-name account in relation to the tax evasion of a logistics company, and consented to KRW 1.5 million per 1,50,000 won per 1,000,000 won per 1,000,000 won per 1,000,000.

From June 13, 2018 to June 14, 2018, the Defendant, at the front of the Defendant’s house located in Skwikset C, issued at the same time a copy of the DDR’s C Card and a corporate bank’s CC Card opened in the name of the Defendant to a person who is not aware of the above name through Kwiksetset Service, and then notified the account number (E) and the account number (F) and two passwords of the corporate bank account by telephone.

Accordingly, the Defendant transferred each means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A specification of transactions;

1. Details of customer information and account transactions;

1. Application of the Acts and subordinate statutes on the indication of passbook and statement of transactions by account;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Fully considering the criminal records of the defendant, the nature of the crime of this case, the occurrence of subsequent damage, the reflection of the defendant, and the conditions of sentencing as shown in the records and arguments, such as character and conduct, of Article 62(1) of the Criminal Act.