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(영문) 인천지방법원 2020.07.22 2020고단719

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

except that 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

No person may, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access knowing that it is intended to use it for a crime or intended to be used for a crime.

Nevertheless, around October 8, 2019, the Defendant received a proposal from an unfreshing staff member who misrepresented the gambling site operator to pay 10% of the money deposited in the gambling site's shock and exchange business as commission, and consented to it on October 9, 2019, at around 13:30, the Defendant issued a letter of check to the above Bosing staff member directly scaming at the point of a cooperative located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and received the notice that he would return the scam and then return the scam to the Defendant's D bank account (E) and the cam card connected to the Defendant's D bank account (G).

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Data related to the accounts of the D Bank, such as the authenticity of preparing H's legal statement and written transfer confirmations of the defendant;

1. Written response to an order to submit financial transaction information;

1. Application of the Kakao Stockholm statutes

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to 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. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime, as indicated in the instant pleadings, the sentence is to be

(b)bed;