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(영문) 서울북부지방법원 2021.01.15 2020고단4351
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium to the use and management of the medium access to electronic financial transactions while receiving, demanding or promising the consideration.

Nevertheless, if the Defendant sent a physical card from a person without his/her name, he/she received a proposal to increase the limit by making the details of the deposit and withdrawal, and accepted it. On June 24, 2020, 6, the paper of Jongno-gu Seoul, Jongno-gu, Seoul, 41-39, Ma-ro 41-ro 39, is sent to the Seoul Central Bank (B) by using one head of the physical card connected to the bank account (B) of the name of the Defendant at the post office.

The United States of America took part in the past.

Accordingly, the Defendant loaned the access media with an intangible commitment to the implementation of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to criminal investigation reports (search search and seizure warrant 2020-10742 accompanying materials);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In addition to the following circumstances, a sentence identical to the order shall be determined and the execution thereof shall be suspended in consideration of various circumstances as shown in the records and pleadings, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, along with the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the protection and observation, and community service order shall be issued in order to prevent re-offending and to provide a strong opportunity to reflect.

The defendant's crime is not only detrimental to the reliability of the safety performance of electronic financial transactions, but also can be abused as a means to facilitate other crimes with great social harm, so it is necessary to punish the defendant strictly, and the defendant lent.

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