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(영문) 부산지방법원 2021.03.17 2021고단40
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, on July 2020, the Defendant reported the advertisement of the title, “account leasing” from the Internet website “B,” and contacted a person in secret name with a person in secret, thereby holding the name in secret with the number of account numbers, passbook and card password, mobile OTP issuance password, etc. from the person in secret name.

Upon receipt of the proposal, around July 15, 2020, the C Bank changed the registration number of the C Bank Account (D) in the Defendant’s name to “E” and applied for the issuance of mobile OTP. On the same day, the C Bank sent the passbook and card number, Internet banking ID, official stamp identification number, and mobile OTP number connected to the above C Bank Account in the name of the Defendant to the non-resident in the name of the Defendant from July 15, 2020 to July 16, 2020, and received 760,000 won in total from July 15, 2020 to July 16, 2020.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Investigation report (report attached to text dialogues sent and received by a suspect A with a notice of "transfer to an account");

1. Details of transfer, application of response statutes to inquiries about financial information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was that the Defendant had already been fined once for the same kind of crime, but transferred the access media for another consideration. Moreover, the access media that the Defendant transferred is ultimately used for the singinging crime, and the responsibility for the crime is not provided for.

However, the defendant reflects his mistake, and the defendant.

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