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(영문) 제주지방법원 2020.01.17 2019고단2084
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access in using and managing electronic financial transactions unless otherwise specifically provided for in any other Act.

On April 2019, the Defendant received a request from a person who was not the name of the Defendant to transfer a password and a physical check from his bank in order to obtain a loan from his bank and consented to the request, and notified him of the password of the NongHyup Bank account (C) in his name via D through Jeju Airport mail, and transferred the means of access by sending the physical check card connected to the above Nong Bank account through the Jeju Airport mail.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement concerning B prepared by the police;

1. Each entry in the E-document and written statements;

1. Statement of a written confirmation of the results of electronic financial transfer;

1. Application of video Acts and subordinate statutes to the contents of a conversation;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Punishment under Law] 1 month or 3 years [Determination of Punishment] - Crimes in Violation of the Electronic Financial Transactions Act, Type 1 (General Crimes): where there is no actual amount of profit or minor amount of profit: In a case where there is no amount of profit or minor amount of profit, there is no actual amount of profit (the scope of recommending punishment / there is no amount of punishment / there is no amount of punishment / there is no amount of punishment / there is no amount of punishment / there is no positive reason for positive participation - there is no amount of criminal punishment - there is no positive reason for general participation - where there is no amount of profit: If there is no amount of profit or there is little amount of profit, it is obvious social relation, serious reflect [decision of sentence] where there is no amount of profit or one year of suspended sentence is less than 4 months: the defendant is suspended from prosecution of the Jeju District Prosecutors

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