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(영문) 서울남부지방법원 2020.02.12 2019고단2618

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 borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

Nevertheless, on February 20, 2019, the defendant extended 6 million won at a post office located in Geumcheon-gu Seoul Metropolitan Government Si interest, and then delivered the Cze Card.

‘The name card' was sent to the Defendant’s bank account (Account Number: B) at the request of the Defendant, at a location not known to the Seoul Mapo-gu Seoul, and the password necessary for the use of the check was informed by telephone.

Accordingly, the defendant lent the means of access in consideration of the expectation that the defendant can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only likely to undermine the safety and reliability of electronic financial transactions, but also has a significant adverse impact on society by abusing the means of access to various illegal acts, such as financial fraud.

The means of access lent by the defendant was used in actual financial fraud crimes.

In addition, even though the defendant was punished as a fine for the same crime, if he committed the crime of this case, the liability for the crime of this case is not weak.

However, considering the favorable circumstances that the defendant has no record of being sentenced to a fine or heavier punishment, and considering the aforementioned circumstances and the motive and background of the crime of this case, the age, character and conduct, environment of the defendant, and the circumstances after the crime, the punishment as ordered by Article 51 of the Criminal Act shall be imposed.