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(영문) 서울남부지방법원 2020.10.22 2020고단4610
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on June 12, 2020, received the proposal that “on the face of sending a e-mail card, I wish to lend the e-mail card” from a nameless person who assumes the former employees of the lending company, and around 14:20 on the 15th day of the same month, the Defendant sent one e-mail card connected to the e-mail bank account in Geumcheon-gu Seoul Metropolitan Government Mosan-ro 123, to the Defendant’s nameless person via the post office’s home page, and notified the Kakao Kao of its password.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes on the Kakao Stockholm dialogue between the suspect and a person not entitled to the name;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. The crime of this case by which the sentence of sentence was rendered is not high in light of the fact that the defendant lent a crow for the purpose of lending, and that the account of the defendant was used for the actual crime of telephone financial fraud and the damage of 13 million won was inflicted on the defendant, and that the defendant has been suspended from indictment twice for the same crime.

However, the defendant made a confession and depth of the crime of this case.

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