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(영문) 창원지방법원 2020.03.19 2020고단257
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

On August 5, 2019, the Defendant accepted and consented to the proposal that "on the face of lending the check card to be used in the benefit passbook, the Defendant would pay 70,000 won per day to one card," and then, around August 17, 2019, the Defendant sent three copies of each check card in the name of the Defendant, Cbank (D), the same name bank account (E), and the same name bank account (G), and the same name bank account (G), respectively, through Kwikset Service, and notified the Defendant of the above account number and its password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, I, J, K, L, M, N, P, Q, Q, R, T, U,V, and W;

1. Each financial transaction information;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. of Application for Compensation (the crime of violating the Electronic Financial Transactions Act does not constitute a crime subject to compensation order under each subparagraph of Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.) (the crime of violating the Electronic Financial Transactions Act does not constitute an offense subject to compensation order; thus, the application for compensation is unlawful). The circumstances favorable to the recognition of the crime of this case and the act of lending the means of access requires strict punishment by providing so-called a passbook which is abused as means of other crimes, such as tax evasion, gambling, and scaming, which are used as means of various crimes. The damage occurred

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