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(영문) 수원지방법원 2019.10.16 2019고단4452
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 one shall lend or borrow a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around June 14, 2019, the Defendant: (a) opened a Masp passbook by telephone from a nameless person who assumes the former employees of B Bank; (b) opened a Masp passbook; and (c) heard the phrase, “it is possible to lend a certain amount of loan when he wants to use credit rating by accumulating the transaction performance; (d) it is possible to send such Masp cards; and (e) around 10:30 of the same month; and (e) around 15:30 of the same month, the Defendant promised to receive and lent one Masp Card connected to the B Bank account (Account Number:D) in the name of the Defendant in front of the Defendant’s residence in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, the Defendant promised to deliver it to

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the details of account transactions and the certificate of transfer;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the 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] 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] and the basic area of punishment, April 1 to October.

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The crime of transferring, lending or delivering a means of access under the Electronic Financial Transactions Act is against many and unspecified persons, such as scam.

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