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(영문) 수원지방법원 평택지원 2019.08.29 2019고단669

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 became final and conclusive.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, on June 2017, the Defendant: (a) received advertising text messages from a deceased person on his name, who received money from a deceased person on his name, to return a company tax to an account; and (b) opened a bank account (C) and an enterprise bank account (D) with the name of the Defendant’s representative; and (c) opened a bank account with the name of the deceased person on his name in Gyeonggi-do; and (d) opened a passbook and an OTP card connected to the above account.

Ultimately, the Defendant transferred the means of access, which is the means of access, to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (accounts);

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no military force to commit the same kind of crime, the confession and reflect of the crime in this case, and the fact that there is a family member to support