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(영문) 수원지방법원 안산지원 2019.07.04 2019고단988
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 24, 2018, the Defendant was sentenced to a suspended sentence of two years for an attempted attempted fraud at the Busan District Court, which became final and conclusive on February 1, 2018, and is currently under suspended sentence.

【Criminal Facts】

In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on October 2018, the Defendant listened to the statement that he was the employee of an alcoholic beverage company at the end of the end of the year that he would be able to pay KRW 1,500,000 for the 15-day loan, and consented thereto. On November 6, 2018, the Defendant issued one physical card connected to the account under the name of the Defendant in front of the building B in Silung City, to the non-resident who sent the above name card to the non-resident, and sent the password of the said account to the mobile phone.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of account transactions;

1. Previous records: Application of investigation reports (report on attachment of a suspect's case of attempted fraud) and other Acts and subordinate statutes;

1. Taking into account all the circumstances, such as the pertinent legal provision on criminal facts and the punishment imposed under Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act with regard to the selection of punishment, where the crime of this case is committed during the period of suspension of execution, and the means of access leased by the Defendant was used for the crime of Bosing fraud, and the amount of damage equivalent to KRW 12 million deposited and withdrawn, and the fact that the Defendant recognized a mistake and reflected against the Defendant.

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