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(영문) 서울중앙지방법원 2021.01.22 2020고단7219
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer a passbook, physical card, and password necessary for the use thereof, a certified certificate registered with a financial institution, etc., which is a medium access to electronic financial transactions.

1. Nevertheless, on February 14, 2020, the Defendant, who was aware of a loan at an influence place, would make a masp loan by creating a result of the withdrawal of deposits from the name-free borrower.

On February 18, 2020, at around 17:00 on February 18, 2020, the head of the Tong's e-mail card changed." sent two e-mail cards connected to the bank account (D) and E-bank account (F) under the name of the defendant to Kwikseter.

2. Around February 24, 2020, the Defendant: (a) deposited a paper paper containing four physical cards, such as 340, JH 340, J 20, J 200, J 20, J 200, and then sent it to Kwikset-based service article with four physical cards connected to the K Bank Account (N) in the name of G, I Bank Account (H), I Bank Account (J), and K Bank Account (L) and one physical card connected to C (N) in the name of K Kwikset-gu, Seoul.

In this respect, the Defendant transferred the access media to a name-free person on two occasions.

Summary of Evidence

1. Protocols concerning the suspect's legal statement G or M concerning each police suspect examination;

1. Application of Acts and subordinate statutes certifying the details of account transactions in the O’s written statement, details of transactions by each account, Kakao conversation, copy of passbook, and the record of account transactions;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) regarding criminal facts

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order is 1.

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