(영문) 서울서부지방법원 2020.03.18 2020고단145

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.03.18 2020고단145

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer or take over any means of access to secure the authenticity and accuracy of users and transaction details, or lend or lease any means of electronic financial transactions, or keep, deliver or distribute any means of access to secure the authenticity and accuracy of users and transaction details.

Nevertheless, on June 2019, the Defendant accepted a proposal that “I will bring 10,000 won per interview” and “I will bring 100,000 won each time of the interview” with the word “I Stockholm” from a person who was unaware of the name of the living site,” and “I am aware of the fact that I am aware of the fact that I would be able to directly use the bank account. I am aware of the fact that I would like to get money to be refunded in the shopping mall. I am aware of the fact that I do not believe that I would be able to directly use the bank account, and then opened a new account so I am, password, account password, password, certificate password, etc. connected to the account.”

On June 25, 2019, the Defendant, at the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government, notified the Defendant of the means of access, such as an authorized certificate and OTP (OTP), account ID, and account password, connected to the Defendant’s new bank account (B), which was opened in accordance with the proposal of the person under whose name the amount of refund was returned as the principal’s passbook, and received KRW 205,00 in return (the fact that the interview was prepared was not prepared, and regardless of the preparation of the interview).

Accordingly, the Defendant received compensation as above and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of a warrant for search, inspection);

1. Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3) of the same Act concerning criminal facts and the selection of punishment.

참조조문

-전자금융거래법 제6조 제3항

-전자금융거래법 제49조 제4항 제2호

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