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(영문) 대전지방법원 2020.09.23 2020고단2854

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

On December 2, 2019, the Defendant received a proposal, such as “To obtain a loan, it is necessary to pay interest and principal,” from a person in need of the name of the police officer, and accepted it.”

Accordingly, around December 22, 2019, the Defendant sent one physical card connected to the BF account in the name of the Defendant at the Seo-gu Daejeon post office located in the area of 914, Seo-gu, Daejeon, Daejeon, Seo-gu, Daejeon, to a person who is not in the name of the Defendant, and sent the password by telephone. On December 23, 2019, at around 18:00, the Defendant sent one physical card connected to the Defendant’s name EF account (Account Number:F) from the first floor of the DD building in Daejeon-gu, Daejeon, Daejeon, to a person who is not in the name of Kwikset, and notified the password by telephone.

As a result, the defendant provided a total of twice means of access in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of entry and withdrawal transactions;

1. Details of a warrant for search, seizure and verification;

1. The Kakao Stockholm dialogue;

1. Application of statutes on certificates of details by transaction account;

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), the pertinent provision on criminal facts, and the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

(a) Conditions unfavorable: The person recommits the instant crime without being aware of the fact that he was punished for a fine of three million won for the same crime as the instant case in 2019;

(b) favorable conditions: The fact that he recognizes the crime of this case and reflects the mistake, and there is no record of punishment exceeding the fine, etc.

C. The Defendant’s age, character and conduct, environment, motive and background leading to the Defendant to commit the instant crime, means and consequence, circumstances before and after the commission of the crime, and other cases.