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(영문) 창원지방법원 2020.04.03 2020고단17

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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

On November 4, 2019, the Defendant: (a) received the proposal stating, “The staff of alcoholic beverage receipts” in the Kakao Stockholm text from the person under whose name the Defendant had not been asked for the payment; (b) sent the physical card from which the payment would be deposited in order to save liquor taxes, the Defendant would pay KRW 300,000 won per day; (c) around 16:30 of the same day, the Defendant sent the physical card number of the above physical card to the person under whose name the Defendant had not been asked for the payment; and (d) around 16:30 of the same day, at the Sung-si, Changwon-si, Sungwon-si, Sungwon-si, the 863-ro 20, and at the Gao-dong post office, the Defendant sent the personal number of the physical card to

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the response to the written request for financial transaction information, customer personal information, details of transactions in Korean currency, application for transaction contract, and Kakakao dialogue;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter below) of the suspended sentence: The reason why the act of lending the means of access is often used as a means of other crimes, such as gambling and camping, and there is a need to strictly punish it; circumstances in which the deposit account provided by the defendant actually used for licensing and causing damage: The fact that the defendant recognizes and reflects the crime; the defendant appears to have no profit actually acquired due to the instant crime; and the fact that the defendant has no criminal records.