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(영문) 의정부지방법원 2020.02.06 2019고단4044
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to stimulative disorder and alcohol use disorder:

No person shall lend a means of access used in electronic financial transactions while demanding, demanding, or promising compensation therefor.

Nevertheless, on May 10, 2019, the Defendant, in violation of this, issued a letter of e-mail card (B) connected to the new bank account (B) to the address designated by the deceased on the part of his/her name, and sent the password by text message, upon receiving a proposal from the deceased on May 10, 2019, stating, “I will use the card for three days if you lend the card due to tax issues, and will pay a total of three million won per day.”

As a result, the Defendant promised to receive compensation and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Details of remittance and account transactions;

1. The point of mental and physical disability: The defendant's interrogation protocol of the prosecutor's office and the Seoul High Court Decision 2014No29 decided on April 1, 2019 (the following circumstances acknowledged by each of the above evidence; i.e., the defendant suffered from severe coercions to the extent that hospitalization is necessary at the beginning of the 20th first, together with the defendant, and the defendant shows friendly, impulse, economic and sexually impracing, problemless drinking, and obstruct the use of both polar disorder and alcohol; ii) The Seoul High Court accepted the defendant's claim of mental and physical disability on June 13, 2014 and sentenced the defendant to three years of imprisonment and medical treatment and custody (3). The defendant committed the crime in this case on May 10, 2019 after leaving a medical treatment and custody center on April 1, 2019; and iv) the defendant was hospitalized at the E-State Hospital located in the E-State Hospital.

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