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(영문) 의정부지방법원 2020.06.29 2020고단184
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

On August 14, 2019, the Defendant received a proposal from a person who was not the name of the Defendant to lend KRW 2 million to him, and accepted the proposal, and then delivered one physical card connected to the D bank account (Account Number: E) under the name of the Defendant to the person who was not the name of the Defendant, at C office located in Gyeonggi-gu, and at C office in Gyeonggi-gu, one of the physical card connected to the D bank account (Account Number: E) under the name of the Defendant.

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

Summary of Evidence

1. Each written statement of the defendant F in court;

1. Application of the Acts and subordinate statutes to the Kakakao Stockholm photographs, the content of text messages and the certificate of confirmation of transfer;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: 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] basic area, four months to ten months;

3. Determination of sentence: The act of transferring a means of access for electronic financial transactions for a period of two years under a suspended sentence of six months may impair the security and reliability of electronic financial transactions and be used as a means of other crimes, thus causing severe social harm and injury.

Using the means of access that was transferred by the instant crime, the instant crime was actually committed.

On June 15, 2018, the Defendant has been punished by a fine for the same crime.

However, the fact that the defendant recognized his mistake, there is no criminal punishment power exceeding the fine, and the economic difficulties.

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