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(영문) 수원지방법원 평택지원 2021.02.04 2020고단2496
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising to receive compensation.

On April 3, 2020, the Defendant sent a physical check to enable a loan from a person who is not the name of the Defendant on April 11, 2020

Kwikset service article who sent his name in the Kwikset B apartment guard room after receiving a proposal to the purport that it is different from the above, has a set of four pages, respectively, linked to the company bank account (Account Number: C) in the name of the defendant, and one physical card linked to the D account (Account Number: E). After telephone conversations with the name in the name in the name in the name in the name in the future, the above physical card was lent in return for the consideration to receive the loan.

Summary of Evidence

1. Application of the F’s authenticity of the Defendant’s legal statement, a written statement of search and seizure warrant, reply to a warrant of search and inspection, and the details of transactions (D account verification) D;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the following circumstances, shall be determined as indicated in the order.

O favorable circumstances: The fact that the defendant reflects his mistake, that the defendant committed the crime of this case in order to obtain a loan by himself, and did not seek any other kind of monetary profit; that there is no record of punishment exceeding the fine: the crime of lending an access medium is a means of other crime, such as phishing, Internet gambling, etc.; therefore, the social harm is large; the defendant provided the access medium card to a person who is not his name, and as a result, the access medium was used for the crime of phishing, thereby causing actual damage.

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