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(영문) 서울서부지방법원 2020.12.24 2020고단2894
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

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, around April 23, 2020, the Defendant: (a) received the proposal that “B” used as a Kakakao Stockholm; (b) “B” from the person under whose name the Defendant was named, “B”, “I will pay for 100,000 won a day if the Defendant lent the accounts to be used when depositing money for the illegal sports gambling and receiving profits; and (c) if it continued to do so, would pay KRW 30,000 a day if it continued to do so.” (dPC cards will be returned immediately after being deposited and withdrawn; and (d) consented to the proposal that he would receive allowances from the above person under whose name the name the Defendant was named, and (e) delivered the physical card to a male who sent the above name and notified him of the password card.”

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes on search, seizure, verification warrant, reply and Kakao Stockholm dialogue;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17292, May 19, 202) concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment due to the risk of abusing the means of access for committing a crime, such as singing, etc., the fact that the card leased by the Defendant was actually used for the criminal act of using the means of access, the fact that the Defendant was investigated under the previous suspicion of the transfer of the means of access was clearly aware of the illegality of the act of lending the means of access, and that he directly participated in the process of withdrawing the amount of damage from singing.

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