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(영문) 서울남부지방법원 2019.08.29 2019고단822
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal power] On March 14, 2019, the Defendant was sentenced to six months of imprisonment for the violation of the Electronic Financial Transactions Act at Seoul Southern District Court and two years of suspended execution, and the judgment on March 22, 2019 became final and conclusive.

【Criminal Facts】

No one shall transfer or acquire a password necessary for the use of an electronic card or an electronic card, which is the means of access to an electronic financial transaction, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge.

Nevertheless, around July 10, 2018, the Defendant transferred the means of access to the financial account, which was provided with a proposal that “if he/she registers and manages a new business operator, he/she will make a monthly payment. He/she will register a new business operator and request the opening of a necessary passbook.” In mind, the Defendant transferred the check card, password, etc., which is the means of access to the bank account in the name of the bank bank account in the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government (E), to the person who was unaware of the name.

Except as otherwise provided for in any other Act, no person of "2019 Highest 3708" shall transfer any means of access used in electronic financial transactions.

On July 3, 2018, the Defendant transferred the means of access, such as physical cards, passwords, OTP cards, etc. connected to the H bank account (I) under the name of the Defendant, on the ground that it is necessary to open a passbook in the name of a legal entity at the office of the office of the non-merchants in detail in Dongdaemun-gu Seoul, Dongdaemun-gu (one name G).

Summary of Evidence

【Prior Records at the Time of Sales】

1. Court rulings (2018 Highidine6051, 2019 Highest 201 (Joint));

1. Un disposed of goods and a report on the result of confirmation (Evidence No. 230 pages) (Evidence Records)

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each copy of J, K, L, each written statement, each deposit details (or the details of entry and departure, and the transaction tax investigation) and data on each Internet site;

1. K’s petition, written statements, details of entry and exit, and data on its website;

1. Search, seizure, verification warrant and reply;

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