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(영문) 서울북부지방법원 2020.02.20 2019고단3726
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 became final and conclusive.

Reasons

Criminal facts

Except as otherwise provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of any compensation in using and managing the means of electronic financial transactions.

Nevertheless, around May 2, 2019, the Defendant listened to the phrase “on the face of sending a physical card so that principal and interest may be repaid, it will give a loan.” A physical card, the means of access to the Defendant’s name B (C) account in front of the New Village No. 1 located in Seodaemun-gu Seoul Metropolitan Government, was delivered to the bearer service article via Kwikset.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports (EA replys), customer information -A customer information, and account transactions;

1. Report of internal investigation (for example, public inspection, etc. of case A), case forwarding (A), etc. - Examination of suspect suspect by case

1. A survey report (CCTV material professor), -CCTV material request, - FF Bank G Finance Center’s response to e-mail;

1. Investigation report (verification of the same record as A of a suspect), - Application of summary order Acts and subordinate statutes;

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

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, received a summary order on the grounds of the charge of violating the Electronic Financial Transactions Act, similar to the instant case in 2018.

The defendant's act provides the means of crime, such as telephone financial fraud, which causes serious damage to our society, and in fact the telephone financial fraud crime was committed using the check card issued by the defendant.

In consideration of these circumstances, the defendant is selected to be sentenced to imprisonment, but the defendant recognizes and reflects the crime.

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