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(영문) 수원지방법원 안양지원 2019.05.14 2019고단440
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

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, on September 7, 2018, the Defendant: (a) received a proposal and accepted it from a nameless person who misrepresented himself/herself as an employee of a liquor company, that “if he/she sent the e-mail card to be used for tax reduction and exemption, he/she will use only 30,000 won and pay 2,40,000 won.” (b) around the 8th of the same month, around the same month, the Defendant sent one e-mail card connected to the D bank account in the name of the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government (E) to his

Summary of Evidence

1. Application of the Acts and subordinate statutes concerning receipt of the document F of the defendant's legal statement;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the relevant social harm. In fact, the means of access leased by the Defendant was used for other crimes.

In addition, the Defendant withdrawn the amount of fraud damage deposited in his account and delivered it to the Bosing staff.

On the other hand, the defendant recognized a mistake and reflects it, and it is the first offense.

The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.

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