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(영문) 청주지방법원 2020.11.19 2020고단1458

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 20, 2018, the Defendant: (a) on November 20, 2018, the Defendant received a proposal from Cheongju-si, that “A bank account (E) in the name in the name of the Defendant was opened at the contact point of the Do bank located in the Cheongju-si, Cheongju-si; and (b) on the phone to the person who was not aware of the name, the Defendant would pay KRW 1,200,000 in cash on the face of the passbook and the check to the person who was not aware of the name.”

On November 2018, 2018, the Defendant issued a bank account passbook and a physical card linked to the said account to the Nonindicted Bank account on the front of the Cheongju bus terminal located in Heung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do. The Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes on the details of financial transactions, replys, and personal data on details of financial transactions;

1. The reason for sentencing under Article 49(4)1 of the Act on Criminal Crimes and Article 6(3)1 of the Electronic Financial Transactions and Article 6(1)1 of the Enforcement Decree of the Act on the Suspension of Execution of Punishment (Optional to Imprisonment) under Article 62(1) of the Social Service Order Act is that the Defendant already transferred the means of access to a person under his/her name but was punished by a fine indicating the fact that the means of access was used on the illegal gambling site even though he/she had had the record of being punished, it seems that he/she committed the instant crime that transferred the means of access to his/her name to another person under his/her name, and that it was used on an illegal day in light of transfer circumstances or consideration given and received the means of access. In fact, the damage was caused by the use of the means of access provided by the Defendant for phishing crime. Thus, since the nature and circumstances of the crime or the crime cannot be deemed to be less severe, the punishment corresponding thereto is deemed to have not been imposed, and there was no record of punishment exceeding the age of fine.