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(영문) 부산지방법원 동부지원 2021.01.27 2020고단566

전자금융거래법위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2020, the Defendant was sentenced to a suspended sentence of one year and two months in the Gwangju District Court for attempted fraud, etc., and the judgment became final and conclusive on December 16, 2020.

No person shall transfer or acquire a password, user number, etc. registered in a financial institution or an electronic financial institution or establish a pledge necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

1. On November 23, 2018, the Defendant would pay KRW 1.5 million to one million to two million per one, if he/she lends the head of a Tong from a person in an influence to his/her name through Twitter at the Daejeon Complex Terminal, which is located in 1689, as Dong-gu Daejeon, Daejeon, Daejeon.

“In receipt of the proposal, the bank account B (Serial number: C) opened in the name of the Defendant was transferred to the name in the way of transmitting the passbook and the OTP card to the Gu-si government, as the cross-city bus freight.

2. On November 27, 2018, the Defendant would make a securities account from a person who is not named by telephone from a person who was not named by the Defendant on his or her own, to use the account only for the purpose of making stocks.

Since shares are legal, the securities account is opened and the passbook B is opened and opened only.

It is possible to make compensation to some extent when the securities account is created.

“In receipt of the proposal, it was accepted and transferred to a person under whose name the access ID and password that can be connected to the mobile app (E) in the Defendant’s name was known.

3. On November 29, 2018, the Defendant received the proposal as described in the foregoing paragraph 2 from a person who was unable to use his/her name by telephone, and accepted the proposal, and transferred the connection ID and password that can be connected to the mobile apps in the name of the Defendant to a person who was not his/her name, by informing him/her of the connection ID and password.

Summary of Evidence

1. The details of the transfer of each police’s statement to H, I, and J against the Defendant under the prosecution’s interrogation protocol, the details of account transactions, the results of inquiry, and the transaction details.