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(영문) 서울중앙지방법원 2020.04.24 2019고단8769
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 July 17, 2019, the defendant, in front of the dwelling of the defendant in Gangnam-gu in Seoul, was asked to deliver the defendant's physical card to the person, on the condition of receiving a loan from the person without his name, and sent Kwikset service article to the service article who sent the above person a physical card connected with the post office account (Account Number) opened in the name of the defendant, and notified the above person without name of the identification number of the above physical card using the Internet domaining service.

As such, the Defendant promised to provide compensation, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A petition, a statement of deposit transactions, each Kakao Stockholm dialogue, and a financial transaction reply;

1. Application of the CCTV response Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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. On February 7, 2017, the Defendant, who was punished by a fine of KRW 3 million on the charge of violating the Electronic Financial Transactions Act, committed the instant crime again. The lending of the means of electronic financial transactions, such as the instant crime, is not only to disturb the financial order, but also to facilitate the singinginging crime, and thus there is a need to do solemnly. Considering the fact that the instant case actually suffered from singinging damage, etc., the circumstances should be taken into account.

However, the defendant reflects his mistake, the health of the defendant is not good, and the defendant's age, character, character, environment, etc.

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