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(영문) 광주지방법원 2020.05.29 2020고단878
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

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.

Nevertheless, the defendant

A. On January 20, 2019, “A loan will be made if the check is sent to him/her,” which received a proposal from a person without his/her name, and on the same day, put one check card connected to the Defendant’s B Bank account (C) in the name of the Defendant in the substitute box and deliver it to the person with no name.

B. Around August 2019: (a) received a proposal from an unknown person on his/her name that “It is difficult to collect alcoholic beverages from many liquor taxes in the course of distributing alcoholic beverages and from the corporate account; (b) if he/she lends his/her e-mail card, he/she will use it for three days and pay three million won per sheet.”

9. Around 24.24. At the D Gwangju Black Point Office located in Gwangju Mine-gu, one copy of each physical card linked to the E Bank (F) and the G Union (H) account under the name of the Defendant was placed in the home box, and delivered the means of access to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written Statement;

1. Application of Acts and subordinate statutes on the details of entry and exit transactions, data on Kakakao dialogue, and account details;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The lending of the means of access is often needed as a means of other crimes, such as scaming, etc.; the actual deposit account offered by the defendant was used for the crime of scaming; the damage occurred due to the use of the bank account offered by the defendant; and the defendant was suspended two times due to the same kind of crime.

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