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(영문) 수원지방법원 2020.10.13 2020고단4242

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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on December 2019, the Defendant promised to obtain a loan from a credit service provider in the name of the first Lwikset service in front of Suwon-si, Gyeonggi-do, to deliver one physical card connected to the company bank account (Account Number: C) under the name of the Defendant to the credit service provider in the name of the Defendant and notified the card password by telephone.

As a result, the Defendant promised to provide the means of access in return for the intangible expected interest of future loans, and lent it to the credit service provider under his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to notify data on financial transaction status;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transmitting the means of access, such as the instant crime, with the reason of sentencing under Article 62(1) of the Criminal Act, constitutes a means of facilitating other crimes, such as Bosing, etc., which is not easy, but was actually used to commit fraud, resulting in damage.

In addition, the defendant committed the crime of this case immediately after being notified of a summary order due to the same crime.

However, considering the facts that the defendant led to the crime of this case in favor of the defendant, such as the fact that the defendant made a confession of the crime and the fact that he seems to have committed the crime of this case for the purpose of obtaining a loan due to not good economic form, the defendant's age, occupation, character and behavior, environment, and motive and means of the crime.