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(영문) 울산지방법원 2020.11.26 2020고단2375
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes 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.

On March 29, 2020, the Defendant received the proposal that “it is possible to lend KRW 20 million to an apartment for the purpose of apartment purchase, and submit the account number, password, and physical check card used for the loan.” On March 14, 2020, the Defendant sent one physical card, which is a means of access connected to the Defendant’s name cooperative account (C) to the said in a post office’s name via a text message, and sent the password via a text message, at around 165 around 14:0, Ulsan-gu, Ulsan-gu, Ulsan-gu, the 29th day of the same month, and around 165, the Defendant sent one copy of the physical card, which is a means of access, to the Defendant’s name cooperative account (C), to the said box box.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the copy of remittance receipt;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act (amended by Act No. 17297 of Aug. 20, 2020) and the choice of imprisonment for a crime

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to sentencing guidelines [decision of type] [No person in violation of the Electronic Financial Transactions Act] general crimes [type 1] [the scope of recommendations and recommendations] basic field, imprisonment with labor for up to 4 months [including general persons] - Where there is no actual amount of profit or minor amount of profit;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances revealed in the records, such as the circumstances below the sentence of sentence, the age, character and conduct, environment and circumstances after the crime;

The transfer of a means of access for electronic financial transactions may impair the safety and reliability of electronic financial transactions and be used as a means of other crimes, so the crime is not good, and the defendant is transferred.

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