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(영문) 서울남부지방법원 2021.01.13 2020고단4895
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on October 14, 2019, the Defendant sent a physical card to his/her name in return for the message of a loan advertisement with his/her name or the counsel with his/her name in person while making a consultation with his/her name in person.

It is intended to make a loan after raising credit rating by making the details of the Jeju deposit and withdrawal.

On the same day, in the postal service established in Dong-dong, Guro-gu Seoul Metropolitan Government building C, the Kwikseter sent by inserting a head of the physical card connected to the D account under the name of the defendant, and caused Kwikseter to bring him/her to bring him/her, and the password of the above physical card was notified to his/her name-disscaro Stockholm message.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

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, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to three years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the types of crimes in violation of the Electronic Financial Transactions Act] general crimes [the Class 1] [the territory of recommendation and the scope of punishment for special sentencing], the basic area of punishment, four months through ten months of imprisonment.

3. Determination of sentence: Four months of imprisonment, and one year of suspended sentence: Lending an access medium to the extent that it would undermine the safety and reliability of the electronic financial transaction performance and have great social harm and harm to the crime, and thus requires strict punishment: the first and second crimes.

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