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(영문) 서울중앙지방법원 2018.04.25 2018고단822
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 lend any access medium used in electronic financial transactions to any third person while promising to receive a price.

1. On October 17, 2017, at around 16:00, the Defendant leased a company bank account-related access medium to the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City, the Defendant received KRW 3 million per account in return for using the Defendant’s name account for three days from the person in a name in the name in the name in return for the use of the Defendant’s account, and one head of the check card linked to the Defendant’s corporate bank account (number C) via Kwikset Service Articles, and issued the above name in the name in return for Kwikset Service, and at that time, notified the Defendant of the password of the password.

Accordingly, the defendant, a corporate bank's e-mail card and password, which is an access medium to electronic financial transactions, was replaced by a name-free person.

2. On November 7, 2017, the Defendant leased the access media related to the Nong Bank’s account, in front of the residence of the said Defendant, to receive KRW 3 million per account in return for using the Defendant’s name account for three (3) days from a person in the name in the name of the said Defendant’s residence, and to deliver a head of the physical card (number: D) connected to the Nonghyup Bank’s account under the name of the Defendant via Kwikset Service Articles, to the above name in the above name in the name of the Defendant, and around that time, notified the Internet Kakao Stockholm number.

Accordingly, the defendant, which is a medium access to electronic financial transactions, issued a physical card and password to a person who is not the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes on a detailed statement of deposit and withdrawal transactions, a detailed statement of banking transactions, and a detailed statement by account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows, and the age of the defendant.

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