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(영문) 서울중앙지방법원 2019.09.06 2019고단2892
전자금융거래법위반
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising the use and management of the means of electronic financial transactions.

On April 28, 2019, the Defendant accepted the proposal that “On deposit with Kwikset Service, the Defendant shall withdraw in cash and transfer the remainder to the passbook without passbook, with 3% of it, if the money was deposited after receiving Kwikset Service.”

On April 29, 2019, at around 15:00, the Defendant continuously opened a DNA name check (company E account) from the French Kwikset Service Articles (company E account) before the convenience store located in Seocho-gu Seoul, Seocho-gu, Seoul. On April 30, 2019, the Defendant opened a bank card in the same manner at the same place on April 15:00, 201. At around that time, the Defendant received the password of two accounts using H message from the needy.

The Defendant promised to pay for and kept the means of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Details ofH dialogue, a list of transactions, search screen, and data on replies to financial institutions;

1. Seized evidence 1 to 4 (each e-mail card);

1. Application of Acts and subordinate statutes to report or notify the 112 Incident;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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