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(영문) 울산지방법원 2020.08.27 2020고단1980
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No person may transfer the means of access in using and managing the means of access.

On December 18, 2019, the Defendant received a demand from a person who has no name, to “be allowed to make a loan by creating transaction details.” On December 18, 2019, the Defendant: (a) sent Kwikset Service’s article about Kwikset Services to an article containing a physical card and password, which is a means of access connected with the Defendant’s name bank account (F) in Ulsan-gu, Ulsan-gu; (b) around 17:00 on December 30, 2019, under suspicion that the relevant physical card would be used for a crime; and (c) accepted it; and (d) delivered the article about Kwikset Services to the person who has no name.

Accordingly, the Defendant transferred the means of access.

around December 18, 2019, the Defendant: (a) received a proposal from a person incomprehion who assumes the name of the head of the HH team of the G Bank (“200 Man-Ma2472”); (b) “Around December 18, 2019, the Defendant may exchange existing loans at low interest, and implement an additional loan at low interest; (c) It shall add credit rating to the credit rating; (d) it shall create a specification of transactions at the company; and (e) send a physical card to make the specification of transactions at the company; and (e) in response, around December 26, 2019, at around the window-type 18:00 operated by the Defendant under subparagraph B C in Ulsan-gu, Ulsan-gu, U.S. B, a window card, connected with the Defendant’s name bank account (I) and the paper in which the identification number is indicated, and (e) included in Kwikkset news service.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to the K Preparation;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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