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(영문) 서울남부지방법원 2020.06.19 2020고단818

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who serves as an acting driver.

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, at the end of November 2018, the Defendant heard an explanation that “When sending a bank’s postal card, the Defendant would make a credit loan by making a transaction statement of withdrawal from the bank,” from the person who was unable to use his/her name. At that time, Kwikset service article sent by the above-mentioned winners of his/her name in front of the Seoul Gangseo-gu B market, one copy of the check card, which is a means of access linked to the bank account (D) in the name of the Defendant, was sent to the person who was unable to use his/her name by telephone.”

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Copies of statements of transactions and receipts;

1. A written inquiry about personal information of a customer;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

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 Social Service Order Criminal Act: The act of lending the means of access is serious social benefits due to the act of facilitating various crimes, such as Bophishing, etc.

The crime of this case caused damage to the Bophishing fraud, and the damage was not recovered.

The defendant has been punished for a fine for the same kind of crime even before, and has the record of being sentenced to suspension of indictment for the same crime even thereafter.

The favorable circumstances: The defendant is led to confession and reflect.

The above circumstances and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime are shown in the arguments and records of this case.