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(영문) 서울남부지방법원 2021.03.05 2020고단6381

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【2020 Highest 6381】

1. Except as otherwise expressly provided for in any other Act, no one shall lend any access medium for the use and management of such medium at the time of receiving any consideration;

On March 17, 2020, the Defendant received KRW 700,000 from a person who is in a name in front of the department store B in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, to receive KRW 70,000 from his/her name in front of the department store B, and leased 1 and passwords connected to the C bank account (Account Number: D) in the name of the Defendant

"2021 Highest 108"

2. No one shall transfer or acquire any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

On November 3, 2020, the Defendant transferred a physical card connected to the F account (G) in the name of the Defendant in the street near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, via Kwikkset Service, to the name sub-skwikseter (H).

Summary of Evidence

[200 Highest 6381]

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Certification of remittance results;

1. Application for deposit transactions and details of account transactions [2021 high group 108];

1. Partial statement of the defendant;

1. Written Statement;

1. A detailed statement of entry and withdrawal transactions;

1. Application of the Acts and subordinate statutes of each letter of financial transaction information (for a net time 7,9);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202) on criminal facts; Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202); Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 2) on criminal facts; Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, Feb. 2

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The lending or transfer of a medium of access to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be used for other crimes, such as Bosing, Internet crimes, etc., and the fact that the Defendant lent or transferred physical cards, etc. have been used for actual crimes, and the judgment No. 1.