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(영문) 대전지방법원 2020.05.07 2020고단351
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 one may lend any means of access with promise to pay for the use and management of the means of access.

Nevertheless, on September 2019, the Defendant received a proposal that “to lend at a low interest rate” from the person who pretended to borrow a passenger loan service provider, and accepted it. At this time, the Defendant sent a physical card connected to the account of community credit cooperatives (D) in the name of the Defendant through Kwikset Service Articles, which sent the name-free winners to Kwikset Service provider, operated by the Defendant located in Sejong Special Self-Governing City, through Kwikset Service Articles, and sent the above physical card to Kwikset and notified the password by telephone.

As a result, the Defendant promised intangible expectation interest and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the result of a seizure, search, inspection warrant, reply);

1. Application of the Acts and subordinate statutes of each letter of reply to financial transaction information (A and evidence lists Nos. 4, 5);

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 punishment by law: Imprisonment with prison labor for not more than 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. Circumstances unfavorable to the defendant: The physical card that the defendant transferred to a person in default of his/her name, which eventually resulted in fraud by using the singing crime.

In 2018, the Defendant was sentenced to suspension of indictment for the violation of the Electronic Financial Transactions Act, and the Defendant served as a cash collection measure in 2019 and received a summary order of KRW 3 million as a crime of aiding and abetting fraud.

Circumstances favorable to the defendant: future.

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