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(영문) 의정부지방법원 고양지원 2020.05.15 2020고단382

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, the Defendant, at around 15:00 on November 20, 2019, proposed that he would lend 20 million won to a person who is in a name in the name of the Defendant, at C’s business office located in Gyeonggi-si, which was located in B, and offered a proposal that he would lend 20 million won to a person who is in a name in the name of the Defendant through a door-to-door article, and lent a means of access that was used for electronic financial transactions by notifying the password of the said D Association’s account by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Receipts without passbooks, copies of bankbooks, and financial transaction information meetings;

1. Application of the Acts and subordinate statutes governing letters and Stockholm data;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. On January 16, 2014, the Defendant was well aware of the fact that the Seoul Southern District Court issued a summary order of KRW 3 million due to the violation of the Electronic Financial Transactions Act and was prohibited from lending the means of access. However, in light of the fact that the act of lending the means of access used in electronic financial transactions, such as the instant crime, such as the instant crime, requires strict punishment as an act facilitating other crimes, such as Bosing fraud, the Defendant’s liability for the crime is not against the law.

However, the defendant recognizes the facts charged.