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(영문) 광주지방법원 목포지원 2020.06.05 2019고단944
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 26, 2017, the Defendant sentenced the Seoul Southern District Court to eight months of imprisonment for violating the Electronic Financial Transactions Act, and completed the execution of the sentence in the Seoul Southern Southern District Court on March 24, 2018.

Criminal facts

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant listened to the speech that “the Defendant would pay KRW 3.5 million per month for the lending of a passbook,” from a person who has no name to the name, and lent the means of access by delivering a physical check card, passbook, and an OTP card connected to B bank account in the name of the Defendant at a wooden bus terminal located in Yeongdeungpo-si, Sinpo-si on March 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of trading, an application for joining, and a statement of trading;

1. An investigation report (any case regarding attaching details of the Kakao Stockholm messages to a suspect);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of facts that are criminal suspects of the same kind);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines [decision of types] [Type 2] Offense for Business, Organization, and Use of Electronic Financial Transactions Act [Special Aggravationd Persons] - Aggravationd elements: Simple participation: Where there is no living penalty, actual amount of profit, or minor amount of profit;

3. Determination of sentence: The transfer of bankbooks within the period of repeated crime, even though the person was sentenced to a crime of transporting the means of access for hosting six months of imprisonment, even though the person was sentenced to imprisonment.

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