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(영문) 광주지방법원 순천지원 2020.02.18 2019고단2049
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No one shall transfer, receive, request or promise any means of access, such as a user number, electronic card or other similar information registered with a financial company, etc. used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and a password necessary for using such means of access.

On May 20, 2019, the Defendant, who became aware of the mobile phone advertising text, received a proposal to offer KRW 200,000 won per day if he/she lent the check card, and consented thereto, and sent a physical card to B, through Kwikset Service, through Kwikset Service, and notified the password to Kwikset of the password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Data of account tracking;

1. The application of the Twitter contact details and the Kakakao Stockholm Act and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking account of the following factors: the Defendant’s criminal records of sentencing under Article 62-2 of the Social Service Order Criminal Act; the criminal records of each of the instant crimes; the motive of each of the instant crimes; the background leading to the instant crimes; the circumstances before and after the instant crimes; and whether the Defendant’s reflection was committed.

It is so decided as per Disposition for the above reasons.

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