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(영문) 서울남부지방법원 2020.05.13 2019고단6493
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On June 24, 2019, the Defendant: (a) received a proposal from a name-free person who assumes the name-free person who assumes the position of a distributor and received payment from the Kakaox to the Kakaox; (b) received payment by 20% of the deposited money if he/she lends the Kaox; (c) accepted the proposal stating, “A maximum of 600,000 won per day shall be paid.” (d) on June 26, 2019, the Defendant sent the Kaox Card to the name-free person via the post office’s bank account (C) and the D Bank account (E) and notified the Kaox to the Kaox.

As a result, the Defendant promised to pay for, and simultaneously lent two physical cards, a means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Investigation report (Evidence, No. 98);

1. Application of Acts and subordinate statutes for transfer certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; six months to one year and six months;

3. Determination of sentence: Six months of imprisonment, and two years of suspended sentence: Lending the means of access at a disadvantage: The act of lending is used to impair the security and reliability of electronic financial transactions and commit Bosing and has social harm and injury.

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