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(영문) 의정부지방법원 2020.10.29 2020고단4125
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall transfer a means of access.

Nevertheless, on March 2020, the Defendant: (a) heard in the vicinity of the calendar station in Gangnam-gu, Seoul, KHro 156, the Defendant transferred the means of access, such as passbook C (D), OTP card, cash card, etc., each connected to the Defendant’s limited liability company B’s account (F) and E(F), to the bearer, who was named as the borrower, “I would make a loan in the future of the corporation. I will increase the corporate transaction performance and enhance the credit rating; and (b) will transfer the Internet banking OTP card, etc. to the bearer.”

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes regarding business registration replys, certificates of account opening, details of each financial transaction, and inquiries about items before accounts;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts and the selection of punishment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with labor for up to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] There is no general crime (type 1) (a special person subject to recommendation] (the scope of recommendations] under the Electronic Financial Transactions Act (the scope of recommendations), from four months to one year (basic area);

3. The Defendant, who had already transferred his/her physical card, was suspended from indictment, and this case committed an act of lending his/her physical card even before two months prior to the punishment period. In this time, the Defendant opened and transferred the account in the name of the old-age corporation. Furthermore, in light of the Defendant’s history, method and form of the offense, the nature of the offense is very poor.

A defendant is transferred.

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