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(영문) 수원지방법원 2020.05.20 2019고단5933
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, engage in any act of lending in return for receiving, demanding or promising any compensation.

Nevertheless, the Defendant, on July 2019, listened to the speech that “the Defendant would make a transaction by computer work and post a credit rating of 20 million won after inserting it. To this end, the Defendant would send a physical card to computer work” from a person under a false name who assumes the “B agency” as the first policeman, and to this end, the same month.

4. At around 17:00 Osan City, the post office near the “C market” sent a physical card connected to the D Bank E account under the name of the Defendant to the above-known names and sent it to the above-known names.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on response data, such as details of transactions of D banks;

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 grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below) shall be determined as follows: (a) comprehensively taking into account the following conditions of sentencing, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime; and

The crime of transferring, lending or delivering a means of access under the Electronic Financial Transactions Act may be a means to facilitate other crimes against many and unspecified persons, such as scam, and thus, it is not good to form a crime. In fact, fraud was committed through the account provided as the instant crime.

- On July 28, 2014, the Defendant was indicted on the charge of violating the Electronic Financial Transactions Act that he/she transferred passbooks, etc. to a person under whose name the Defendant was named, and ordered a summary order of KRW 3 million from the Daegu District Court Port Branch Branch.

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