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(영문) 의정부지방법원 2020.07.22 2019고단5737
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall receive, request or promise any compensation, or lend a means of access knowing that it will be used for any crime, unless otherwise specifically provided for in other Acts.

On February 7, 2019, the Defendant: (a) received a proposal from the Defendant to the effect that “it is necessary to use e-mail in illegal casino sites located in Chinese Cheongdo for the operation of sites, such as illegal exchange; (b) prepare two copies of e-mail cards connected to one’s bank account; (c) prepare each e-mail card password, authorized certificate and its password, Internet banking ID and password; and (d) send them to the Chinese Cheongdo and send them to the Chinese Cheongdo.” (c) On March 4, 2019, the Defendant left the Cheongdo Office with Chinese Cheongdo and sent them to the company. On March 4, 2019, the Defendant sent it to the e-mailytel that had no address in the Cheongdo to know of the address in the Cheongdo, and sent the name card and password to the e-mail account connected with the Defendant’s name bank account (B) and the e-mail card and password to the Defendant’s name and password.

As a result, the defendant promised to accept employment in return for an intangible expected profit, and, while being aware that it will be used for crime, lent the means of access to a nameless person.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement by the police statement of D, investigation report (Attachment to the notification of data on current status of financial transactions of an enterprise bank), the detailed statement of deposit transactions, the results of transfer, the inquiry of customer's basic information inquiry table, and the text message

1. Articles 49(4)2 and 6(3)2 of the relevant Electronic Financial Transactions Act regarding criminal facts (which means of access to a means of payment promise) and Articles 49(4)2 and 6(3) of the relevant Electronic Financial Transactions Act.

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