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(영문) 서울동부지방법원 2020.11.27 2020고단1551
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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 person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on June 2019, the Defendant was called to the effect that “the Defendant sent a e-mail card connected to the account and will execute the loan by accumulating transaction performance if he/she informs the password.” On the front of the C school located in Jung-gu Seoul Metropolitan Government, the Defendant lent four copies of the e-mail card linked to the account under the name of the Defendant, and then lent two copies of the e-mail card connected to the J account (K) and the J account (L) at the same place on June 2019, and then lent two copies of the e-mail card connected to the J account (L) and the J (L) at the same place on June 2019.

As a result, the Defendant promised to pay the price, and lent 6 copies of the e-mail card to the person who is not related to the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim of the M;

1. Documents of response to Daehan, documents of response to corporate banks (Evidence No. 16), and documents of response to G bank;

1. Response to a request for the provision of communications data (the sequence 19 of evidence list);

1. Investigation report (the reply of seizure warrant - the first page of account), investigation report (the second page of account - the reply of seizure warrant - the second page of account), investigation report (the third page of the seizure warrant - the third page of account), investigation report (the reply of seizure warrant - the fourth page of account);

1. Application of Acts and subordinate statutes on investigation reports (CCTV video data reply);

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;

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

1. The number of means of access leased by the accused for the reason of sentencing under Article 62(1) of the Criminal Act is multiple, and damage has occurred as the accused uses for other crimes, the accused has a record of punishment for the crime of double offense, and the accused is in the process of trial.

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