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(영문) 서울중앙지방법원 2018.08.10 2018고단3513
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 any access medium used in electronic financial transactions while receiving or promising any consideration therefor.

Nevertheless, at around 14:00 on January 3, 2018, the Defendant lent e-mail cards and passwords connected to the new bank account (number D) under the name of the Defendant to the non-known person in Gangnam-gu Seoul, Seoul, for a period for which it is impossible to identify the personal identification, and in return, issued Kwikset Service with the personal identification card and password to the non-known person via Kwikset Service, subject to KRW 3 million.

Accordingly, the defendant sent a physical card and password, which is a medium access to electronic financial transactions, to a person with no name.

Summary of Evidence

1. Defendant’s legal statement

1. Statement E;

1. Application of the detailed statement of separate transactions by bank account (4) with a new bank account under A, and the details of account transactions (7) with a net account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and record of crimes);

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