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(영문) 인천지방법원 부천지원 2020.05.13 2019고단4321
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around September 9, 2019, the Defendant promised to receive 10% of the amount of money deposited per physical card from the person who was not the deceased in name, and then lent one physical card connected to the account of a national bank (B) opened in his name before the high village post office in the name of the deceased Kimpo-si at 08:00 on the same day through Kwikset service article.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of transfer, the details of conversation, letters, and the application of CCTV-related Acts and subordinate statutes;

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;

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment for four months - October.

(a) Crimes violating the Electronic Financial Transactions Act, type 1;

(b) Special sentencing elements: None;

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year and six months, and the act of lending the means of access used in social service electronic financial transactions needs to be strictly punished as acts that facilitate other crimes, such as voiceing fraud, etc.

In fact, the Defendant’s lending account was used for the crime of Bophishing fraud, causing damage, and the Defendant received the payment for the means of access.

(100,000 won: Provided, That the fact that the defendant has been aware of all his mistake, and the defendant does not have been punished for any crime so far, it shall be considered as favorable for others.

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