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(영문) 의정부지방법원 2020.03.05 2019고단3460
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

In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around July 16, 2019, the Defendant heard that, by telephone from a name-free person who was misrepresented as an employee of a financial institution, “in order to run a new loan due to low credit, it is necessary to raise credit by withdrawing money from his account in his name and raising credit, and if sending the e-mail card, she would make a loan by creating the details of the withdrawal and withdrawal transaction.” On July 18, 2019, the Defendant issued one e-mail card connected to the Defendant’s name-free bank account (Account Number (D) to the Defendant’s office before the Defendant’s office located in Dongdu-si, Dong-si, Kwikset-si, and notified the name-free person of the above e-mail card’s password.

As a result, the Defendant promised to receive a future loan through false deposit collection transactions in return for the intangible expected profit, and lent the means of access to the name in favor of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the details of transactions of cooperatives, the certificate of deposit with the Financial Cooperative, and the reply data of the Bank;

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. 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 was urged to grant a loan and transferred the account or check card under one’s name.

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