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(영문) 서울남부지방법원 2019.02.20 2018고단5968
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 10, 2018, the Defendant received a mobile phone text message from a person whose name is unknown to him/her, stating that he/she will borrow money from his/her account, from a person whose name is unknown, and dialogues him/her with a person whose name is unknown, as C.C. text message, and imposes tax on him/her as “D.......” Therefore, a check card is necessary due to tax reduction and exemption. If the Defendant borrowed money for three days, he/she received a proposal to pay KRW 2.4 million per day.”

After that, around 13:00 on September 10, 2018, the Defendant sent a e-mail card connected to the account (Account Number F) in the name of the Defendant to the above person through Kwikset Service and notified the password in C.

The Defendant promised to receive such consideration and lent the means of access linked to the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. G documents;

1. Application of transfer certificates and detailed Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is not subject to criminal punishment exceeding a fine, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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