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(영문) 의정부지방법원 2020.05.11 2019고단5585
전자금융거래법위반
Text

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

except that 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 the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around October 2, 2019, the Defendant provided a loan counseling with a name-free person who was misrepresented by Cbank staff at the Government-si, the Defendant’s residence, and then provided a personal name-free person with a loan counseling. On October 4, 2019, the Defendant notified the name-free person of an authorized certificate ID and password so that he/she would offer a loan under the condition that he/she would create a false transaction performance and increase a loan point, and would make a direct deposit and withdrawal by accessing a bank account under the name of Do bank (E), and then accepted the notification of the OTP identification number in real time whenever the money is deposited, and then sent an authorized certificate ID and password connected to the above D bank account under the Defendant’s name to Kakaox on the same day, and around October 4, 2019, notified the above Defendant of the name-free person of the identification number in real time whenever he/she requests several times in the name-free person’s residence.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

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 recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, four months to ten months;

3. Determination of sentence: Imprisonment with prison labor for a period of six months, provided as a result of the instant crime for two years;

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