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(영문) 인천지방법원 2021.01.22 2020고단10958

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 2019, the Defendant received a proposal from a person who was in the name of the first police officer to the effect that “when sending a e-mail card, he/she may make and lend the details of false entry and withdrawal transaction,” and accepted it, and then issued a letter of e-mail card connected to the C bank account (D) in the name of the Defendant to the collection book sent by a person who was in the name of the first police officer in the name of the Defendant, and notified him/her of the password of the above account by telephone.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a report on investigation (application for a warrant of search and inspection) and statutes concerning warrant materials;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202) on criminal facts; grounds for sentencing of imprisonment with prison labor;

1. One month of imprisonment or three years, within the scope of punishment by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A general crime of violating the Electronic Financial Transactions Act (Type 1);

(b) the territory of the recommendation and the scope of the recommended punishment, the basic area of the punishment, four months to ten months of imprisonment;

3. Circumstances disadvantageous to the decision of sentence: A defendant has been punished several times for the same crime; and

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

All the kinds of sentencing conditions and the scope of recommended punishment according to the sentencing criteria, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc., are considered comprehensively.