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(영문) 서울중앙지방법원 2019.06.05 2019고단998
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be executed for one year from the date this judgment becomes final and conclusive to the date of full payment.

Reasons

Punishment of the crime

No person shall lease or borrow any cash card, password, passbook, etc. necessary for the use of the cash card and the cash card issued by a financial institution while receiving, demanding or promising the price therefor.

On September 2018, the Defendant, via a mobile phone, sent a cell phone call to the effect that “I need another person’s account for tax reduction or exemption, and I would like to give 10% of the profit if I would use the account and return the check when I would end the transaction.” The Defendant received a cell phone call to the effect that I would return the check card when I would use the account and return it.”

On September 10, 2018, the Defendant issued the means of electronic financial transactions to the name-dissatise in front of the Seoul Jung-gu Seoul Central District Court (hereinafter “Seoul Central District Court”) by means of informing the name-dissatise and the password to the name-dissatise and informing the name-dissatise of the number.

As a result, the defendant promised to receive compensation, and lent the means of electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. Application of the Acts and subordinate statutes to reply to inquiries about the results of transfers and requests for information on financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order: The existence of the so-called large passbook is essential for various kinds of crimes, such as the crime of Bosing fraud, and the use of such passbook is widely known to the general public in society. Therefore, it is highly necessary to prevent recurrence of similar cases through strong punishment for the act of supplying it, and the means of access leased by the Defendant was actually used for loan fraud.

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