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(영문) 춘천지방법원 원주지원 2020.04.17 2019고단1313
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on June 28, 2019, the Defendant heard the proposal to the effect that, “The head of the private gambling business site operation team,” who misrepresented the “B team leader,” the employees of the private gambling business site, borrows the borrowed-name account necessary for business operations. It can be leased to three accounts per person. It is possible to lease KRW 2 million at the time of lease per one seven days, KRW 4 million at the time of lease per two seven days, KRW 7 days, and KRW 6 million at the time of lease per three seven days, and accepted it, and then, around July 2, 2019, the Defendant sent the above password to each of the above accounts to the E-bank account (F), G bank account (H), and I bank account (J).

As a result, the Defendant promised the acceptance of the consideration and lent the means of access to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A written confirmation of the results of the transfer of electronic financial transactions and a response to financial transactions;

1. Application of statutes on door-to-door postal receipts and Kakao Stockholm dialogue details;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case, such as this case, can be committed by telephone, financial fraud, etc., and that the social harm is high in that it makes it difficult to arrest the person who committed the crime such as telephone, financial fraud, etc. due to the identity

The actual account transferred by the defendant seems to have been used for the crime of fraud.

. These points;

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