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(영문) 의정부지방법원 2019.09.27 2019고단2811
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 28, 2019, the Defendant received a phone call from a person under whose name the Defendant misrepresented the employees of a financial institution and sent a e-mail card to enable him/her to withdraw interest. On the same day, the Defendant issued a e-mail card and one e-mail card connected to the D bank account in the name of the Defendant through C Company in the e-mail Nam-si, Namyang-si, Gyeonggi-si.

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. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the D Bank Regulations and investigation reports (the withdrawal of the source of damage compensation)

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] [No person in violation of the Electronic Financial Transactions Act] [No person in violation of the Electronic Financial Transactions Act] [No person in violation of the Electronic Financial Transactions Act] [the scope of recommendations and recommendations] [the scope of recommendations and recommendations]] basic area, no person in violation of the basic area, nor from April to October [the grounds for suspension of execution

3. Determination of sentence: The act of lending the means of access for 6 months in imprisonment and 2 years in suspended sentence takes into account that the act of transferring, keeping, and delivering the means of access is committed as a means to commit various crimes, such as scaming, which currently have a great impact on society, and an illegal sports soil.

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