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(영문) 수원지방법원 성남지원 2020.03.31 2019고단3069

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for 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

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access or keep, deliver or distribute a means of access, in receipt, request or promise of compensation.

Nevertheless, on September 4, 2019, the Defendant: (a) received a proposal from a nameless person who assumes the head of a liquor company C by reporting the word “B” to offer money in return for lending a passbook to a “B’s phone number; and (b) received a proposal from a nameless person who assumes the head of a liquor company C, stating that “I would give KRW 700,000 won per house if I lend the cam card to be a liquor company for tax reduction or exemption; (c) around September 4, 2019, at the Defendant’s residence of the Hanam-si, Kwikkset service, one cam card connected to the Suwon Bank account (E) in the name of the Defendant using Kwikset.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statement (including attached materials) to F;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general crime [Type 1] and the basic area of crimes [the scope of recommendations and recommendations], and April through October.

3. The fact that the Defendant committed the instant crime even before having been sentenced to punishment due to the violation of the Electronic Financial Transactions Act in 2014, and the Defendant’s lending cream card was used to commit the instant crime, thereby causing property damage.

However, it seems that there is no profit from the crime of this case.