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(영문) 서울북부지방법원 2020.07.21 2020고단312
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

1. No person shall borrow or lend a means of access which is linked to a post office account in return for any request or promise to provide compensation;

Nevertheless, around June 23, 2019, the Defendant sent the means of access, such as physical card 1 and password, connected to the post offices under the name of the Defendant using Kwikset service, to the name-unkseter who used Kwikset to store transaction performance in front of the exit of Dongdaemun-gu Seoul B market No. 3.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

2. No person shall borrow or lend a means of access that is linked to an account of community credit cooperatives in exchange for any request or promise to receive compensation;

Nevertheless, around July 31, 2019, the Defendant sent the means of access, such as one physical card, password, etc. connected to the account of Kwikset Fund (F) under the name of the Defendant using Kwikset Service to lend a loan by accumulating transaction performance in front of the Seoul Dongdaemun-gu D Building E.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to G of a copy of each police statement;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no criminal record against the defendant, the confession and reflect of the defendant, the defendant does not have any profit from the crime of this case, and the age, character and conduct, environment, and motive for the crime.

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