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(영문) 대전지방법원 천안지원 2020.06.09 2020고단870

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 1, 2020, the defendant was sentenced to one year for the violation of the Road Traffic Act in the support of the Daejeon District Court on April 1, 2020, and is currently pending in the appellate court.

In using and managing the means of access, no one shall lend the means of access or lend the means of access with the knowledge that they are to be used for a crime or to be used for a crime unless otherwise specifically provided for in other Acts.

Around November 2016, the Defendant was aware that the Defendant was issued a summary order of KRW 2 million due to a violation of the Electronic Financial Transactions Act in the Seocheon Branch of Daejeon District Court (hereinafter “Seoul District Court”) and was able to use the above e-mail card for a crime such as telephone financial fraud when lending the e-mail card. On October 2019, the Defendant received a proposal that “the e-mail card was sent for lending the e-mail card by making a transaction record” from the person who was unaware of his name. On October 14, 2019, the Defendant sent the e-mail card linked to the e-mail account under the name of the Defendant to the e-mail of Busan District Court (K) around 456 U.S. on October 14, 2019, using Kwikset service.

Accordingly, the Defendant promised to receive future loans in return for intangible expected gains, and, while being aware that they will be used in crimes, lent the means of access to a person who is not aware of it.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Financial transaction information in the name of A or L J bank account;

1. Previous records of judgment: Criminal records, previous records of disposition and report on results of confirmation (No. 9 on the evidence list), application of Acts and subordinate statutes of judgment;

1. The grounds for imposing punishment under Article 49(4)2, Article 6(3)2, and Article 6(3)3 of the Electronic Financial Transactions Act with respect to criminal facts and Article 49(4)2, and Article 6(3)2, and 3 of the Electronic Financial Transactions Act, the Defendant again committed the instant crime despite the fact that he/she had been punished by a fine for the same kind of crime. The act of lending the means