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(영문) 창원지방법원 2020.04.17 2020고단184
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2019, the Defendant received a proposal that “a loan already used at a low interest rate is high. It is possible to know the limit of the account, and it is changed to send a physical card.” On June 5, 2019, at a post office located in the father-dong, Seoul Special Metropolitan City, Kim Jong-si, the Defendant sent a physical card connected to the Defendant’s name bank account (B) and a physical card connected to the agricultural bank account (C) on the part of the Defendant’s name.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the details of account transactions and report on internal investigation;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of sentence under law] 1 month or 3 years [the decision of a sentence] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] : simple participation [the general person who has a certain amount of profit] - where there is no actual amount of profit or minor amount of profit - the amount of reduction is reduced [the scope of recommendation] reduced area, 1 month or month to 6 months [the period of suspended sentence] - There is no positive reason for affirmative participation - If there is no actual amount of profit: If there is no actual amount of profit or minor amount of profit - there is no actual amount of profit: Social relation, clear relation, close reflect [the decision of a sentence] where there is no amount of profit: The act of lending the means of access 4 months under the suspension of execution : the act of facilitating various crimes such as tax evasion, Internet gambling, and outsourcing, thereby causing serious harm to the defendant's own account using it.

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