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(영문) 대구지방법원 서부지원 2019.11.21 2019고단999
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 lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while receiving, demanding or promising the price therefor.

Nevertheless, on December 1, 2018, the Defendant, who was aware of at the Internet portal site B, was asked to pay KRW 1,00,000,000 to the Defendant’s account in contact with the Defendant.

On December 3, 2018, the Defendant sent two cash cards linked to the Defendant’s name Cbank account (Account Number D) and E Bank account (Account Number F) to Kwikset Service Articles, through Kwikset Service Articles, and notified the password of the said Cash Card by telephone.

On December 4, 2018, the Defendant continued to communicate the cash card connected to the Defendant’s account under the name of his wife G with the Defendant’s account, sent one cash card connected to the Defendant’s account under the Defendant’s wife G (Account Number H) via Kwikset Service Articles, and notified the Defendant of the password by telephone.

As a result, the defendant promised to pay compensation and lent three copies of the means of access to electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of I, J, K, L, and M;

1. Application of Acts and subordinate statutes to the details of transfers, details of accounts, certificates of confirmation of transfers, and the results of transfers;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 the suspended sentence.

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