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(영문) 서울남부지방법원 2020.05.28 2020고단2094
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around October 20, 2019, the Defendant extended a loan of 30 million won from the person under whose name the Defendant came to know through the telegram at that time, and issued two cell phone depths and two cell phone registration certificates of the Defendant, where the personal information of the Defendant to use the Kakao Bank account in connection with the Bao Bank account opened in the name of the Defendant, to the above person under whose name the Defendant had to create the account transaction details, which is related to the Bao Bank account opened in the name of the Defendant, at around October 20, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, and L;

1. Application of each text messages to Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; and six months to one year and six months;

3. Determination of sentence: Imprisonment with prison labor for six months, various sentencing conditions, including the fact that multiple victims have occurred due to the instant crime, the fact that many defendants have committed criminal offenses, the age, character and conduct of the defendants, and the details and result of the crimes

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