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(영문) 창원지방법원 2020.01.10 2019고단3453
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2019, the Defendant accepted a proposal from a telephone financial fraud assistance staff member in a name-free place, “it is possible to illegally lend a loan, and at the time of sending the e-mail card in the name of the Defendant, the Defendant will do so by confirming the delivery of the e-mail card.” On August 21, 2019, the Defendant sent the e-mail card connected to the e-mail bank account in the name of the Defendant at the e-mail business office located in Sung-gu, Changwon-gu, Changwon-gu, Sungwon-si, to the place designated by the e-mail of the e-mailed telephone financial fraud organization by using the e-mail card and its password.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the details of account transactions, door-to-door stuffs, and photographics of entrusted receipts;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined as follows: (a) comprehensively taking into account all the sentencing conditions, including the circumstances leading to the instant crime, the Defendant’s age, character and conduct, and the circumstances after the crime.

An unfavorable circumstance: The act of lending the means of access requires strict punishment because it is used to impair the safety and reliability of electronic financial transactions and to commit Bosing and has great social harm and injury; the means of access leased by the defendant is actually used to commit the crime of fraud; the defendant has committed the crime of this case even though he/she was suspended from indictment due to the same crime: The fact that the defendant is led to confession and reflect, and there is no record of punishment exceeding the fine.

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