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(영문) 대전지방법원 2021.01.28 2020고단4226

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, keep, deliver or distribute any access medium in receiving, demanding or promising any consideration.

On January 30, 2019, at around 09:30, the Defendant received each chapter of the E-mail Card (F) in the name of the D, G Bank C (H) in the name of G Bank C, and one copy of the J Bank C (K) in the name of G Bank C (H) in response to the proposal that the Defendant would make a so-called money laundering that would withdraw the money and deposit the money into the designated account when the money was deposited in the account linked with the e-mail card and deposit the money into the designated account.

As a result, the Defendant promised to pay for, borrowed an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D or I prepared;

1. Lone passbook;

1. A report on the results of analysis of digital evidence;

1. Each protocol of seizure and the list of seizure;

1. Answer of a warrant of search and inspection of each seizure;

1. A list of gold transactions;

1. Application of the transportation route Acts and subordinate statutes;

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, 2020) on criminal facts

1. Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (the punishment specified for a crime committed by lending the J bank check with the largest gravity between violations of the Electronic Financial Transactions Act shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is committed by withdrawing the money remitted to the above physical card from another account after the defendant borrowed an access medium, such as the physical card, under the name of another person from the person in default of his/her name, in return for the promise of compensation.

Since the transfer, storage, and delivery of an access medium is being performed as a means to commit various crimes, such as Bosing crimes, illegal sports discussions, etc. which have a significant socially harmful impact, this case is concerned.