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(영문) 부산지방법원 2020.03.19 2020고단275

전자금융거래법위반

Text

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

Reasons

Punishment of the crime

[criminal power] On December 13, 2018, the Defendant was sentenced to a suspended sentence of one year for fraud in the Dong branch of the Busan District Court, and the judgment was finalized on December 21, 2018.

【Criminal Facts】

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

On November 8, 2018, the Defendant: (a) received a proposal that “if you send a physical card, you want to get off the service loan”; and (b) received it with the knowledge that it would be used for a crime such as Bosing, not lending; and (c) sent the physical card connected to the Defendant’s name bank account (H) from the Busan Frandong Integrated Bus Terminal at the 2238 Nowon-gu Busan Frandong bus Terminal at the center of Fungdong-gu, Busan, to the 50-gu Seoul Special Metropolitan City Gangseo-gu Integrated Terminal by using the high-speed bus freight service.

Accordingly, the Defendant lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report accompanied by a certified copy of the decision concerned); and

1. Inquiry into the results of transfer, and reply of financial transaction information;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, etc. inquiry;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, knowing that the act of lending the means of electronic financial transactions would be used for the crime of this case, need to be eradicated strictly because the means of access is highly likely to be abused for highly harmful crimes, such as singinging, etc.

Although the Defendant is a criminal act, the Defendant committed the instant crime even though he/she had been subject to criminal punishment, and the means of access leased by the Defendant is actually another crime.