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(영문) 청주지방법원 2021.01.28 2020고정601
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

1. On August 2019, at a place where the Defendant is unknown, the Defendant reported the Internet advertisement that “on the face of the head of a passbook to KRW 25-30,000,” and contacted with the name influences through telegram, sent the name in each passbook, physical card, and security card in the name of the Defendant’s bank account B (C), D (E) and D (E) to the Defendant’s bank account, each passbook, physical card, and security card in the name of the Defendant’s bank account in the name of the Defendant’s bank account, and informed the Defendant of the password through telegram.

2. On October 2019, the Defendant sent a password to Kwikset service at the office of the Defendant’s head of the Seocho-gu, the Defendant sent a passbook to Kwikset and sent a password via a telegram, by reporting Internet advertising to the Defendant’s name in contact with the Defendant’s name in a telegram. The Defendant sent a passbook, physical card, and security card to Kwikset service at the office of the Defendant’s head of the Sikset-gu, the Defendant sent the password to Kwikset and notified the password via telegram.

Accordingly, the Defendant transferred the access media over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each petition, a written search for seizure and verification warrant, or financial information provision (H);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among 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 suspended execution;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act and the detention in a workhouse (where a sentence of suspension of execution is invalidated or revoked and the defendant does not pay a fine).

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