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(영문) 서울북부지방법원 2020.01.16 2019고단4588
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any means of access in using and managing the means of electronic financial transactions.

Nevertheless, on October 2018, the Defendant received the proposal that “on the face of lending the card, the Defendant will give KRW 5 million per account,” and consented thereto, and on October 2019, the Defendant sent a physical card No. 1 connected to the Defendant’s name bank account (D) from the front of the construction site near the C Hospital located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul, to Kwikset Service Delivery Board, and sent the above account No. 1 and password to Kwikset Service Delivery Board, and sent it as text messages.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A petition for E works;

1. Application of transfer receipt and detailed Acts and subordinate statutes;

1. The act of lending the means of access, such as the pertinent provision of criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding the selection of punishment, and the reason for sentencing imprisonment, constitutes a crime that is highly likely to create an unspecified number of victims by facilitating other crimes, such as fraud. In fact, the means of access leased by the Defendant was used for the singinging crime, the fact that the means of access was actually used for the singing crime, the fact that the Defendant had been punished several times for the singing crime, and that the Defendant had been punished twice for the same crime is disadvantageous

On the other hand, the fact that the defendant is against his own crime is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, character and conduct, occupation and environment, and the background of the crime in this case.

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