beta
(영문) 인천지방법원 부천지원 2020.07.22 2019고단4490

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person shall lend a means of access, promising any consideration.

At around 09:00 on October 29, 2019, the Defendant sent a physical card to purchase vehicles using the Defendant’s account under the name of the Defendant, to a person with no name, via Kwikset Bank D account in the name of the Defendant, and at around 14:00 on the same day, delivered a physical card connected to the Defendant’s E BankF account in the name of the Defendant to a person with no name.

Accordingly, the Defendant promised to provide two means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of deposit in a written complaint against GIST and the application of statutes on investigation reports (Attachment to Suspect AKakao Stockholm dialogue);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Scope of recommendations according to the sentencing criteria: Imprisonment for four months - October.

(a) Crimes violating the Electronic Financial Transactions Act, type 1;

(b) Special sentencing elements: None;

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year and six months, and lending of the means of access used in social service business or electronic financial transactions need to be strictly punished as acts facilitating other crimes, such as voiceing, fraud, etc.

In addition, since the deposit account in which the defendant promised to pay and lent the deposit account has been used for the Bosing fraud, the defendant's responsibility is not less than that of the defendant.

However, the defendant has been punished for any crime until now.