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(영문) 인천지방법원 2020.09.17 2020고단3966
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

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access knowing that it is intended to use the means of access for a crime or intended to be used for a crime.

Nevertheless, on January 14, 2019, the Defendant received a proposal from a non-freshing operator who assumes a person in charge of loan, stating that “In cases of informing the identity card, account number, password, andOTP identification number, the Defendant would make the business operator enter the joint business place and then manipulate the credit rating by making the results of the transfer of means of access in the past, etc., and consented to such act with a well-known knowledge that such act was an act of cooperation in the scam crime, and then sent the account number, identification number, andOTP certification number, etc. in the Defendant’s name at the Defendant’s residence, etc. located in Incheon at the Defendant’s residential area, and then sent it to the Kakaox.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the laws and regulations on the transfer of the police statement to C, the Kakao Stockholm dialogue, the account transaction details, and the A Kakao Stockholm dialogue.

1. Article 49 (4) 2 of the relevant Act and Articles 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of criminal facts and Articles 40 and 50 of the same Act concerning concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive for committing the crime, means and result of the crime, following the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the sentencing factors indicated in the arguments of this case

The defendant's mistake is recognized.

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