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(영문) 대전지방법원 천안지원 2021.01.11 2020고단2830

전자금융거래법위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on April 22, 2020, the Defendant sent a business registration certificate, three months-month transaction records at the principal bank, passbook and e-mail card from a person who was in a name-free mind on April 22, 2020, where the amount of the provisional approval was limited to KRW 28 million, detailed details of the loan documents can be examined and changed. If the approval is granted, the Defendant sent the loan documents, first of all, a business registration certificate

B. “C.” He heard horses, around 14:50 on April 23, 2020, at the Yanandong-dong post office located in the 66-ro, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, Seoul, left the physical card, which is a medium access to B (C) in the Defendant’s name, as parcel.

After that, on April 24, 2020, the defendant, while making a telephone call at the morning, notified the name-free person of the password of the passbook and the e-mail card.

As a result, the defendant promised to receive a future loan in return for the intangible benefit, and lent the access media to the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition for DNA preparation;

1. Details of transfer;

1. Data on replies;

1. Application of Acts and subordinate statutes to report on investigation, such as a certificate of delivery of postal items (to hear statements from a person in charge of telephone scarcity branch office);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than three years;

2. Scope of a recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for not less than four months but not more than ten months (a type of decision), [No person in charge of a general crime [No person in charge of a violation of the Electronic Financial Transactions Act] [the territory of recommendation and the scope of a recommended sentence], basic area: April to October.

3. The crime of this case, which was decided upon sentence, is committed.