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(영문) 수원지방법원 2019.01.31 2018고단6771
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around June 8, 2018, the Defendant heard that he/she would receive a so-called illegal "work loan" which was obtained by creating a false transaction performance even though he/she was unable to obtain a loan from the person related to an illegal loan brokerage business, who became aware of the trade name that he/she became aware of via the Internet, and then came to know that he/she would receive a so-called "work loan," which was obtained a loan by creating a false transaction performance. On June 11, 2018, around 18:00, the Defendant sent a copy of the passbook connected to the bank account (D) in the name of the Defendant, and the OTP card to the person who was absent from his/her name, who was found in the front of the C Bank account (D) in the name of the Defendant. On June 12, 2018 and June 15, 2018, he/she notified him/her of the serial number and the password of the above account, respectively.

Accordingly, the defendant knowingly committed an act of lending a means of access to a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking account of the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, the sentence as ordered shall be determined.

The circumstances favorable: The crime of this case is not only detrimental to the trust in electronic financial transactions, but also the means of access that has been leased is used for criminal acts such as financial fraud.

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