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(영문) 수원지방법원 안산지원 2015.10.27 2015고단2624
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three 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

No person shall lend a means of access, promising any consideration.

On May 14, 2015, the Defendant promised to receive KRW 60,000 for each month from the person under whose name the C used the Kakakakakao Adidi, which was located in the member B of Ansan-si, to receive 60,000 won for each passbook, and sent one passbook to the new bank account (Account Number: E, F) in the name of the Defendant, one passbook, one physical card, each of whom was sent to Kwikset service article, and notified the password of each account through Kwikset service article.

As a result, the Defendant promised to pay for, lent the means of electronic financial transactions in his name.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is another crime, which is a means of crime, such as scam, etc., and the defendant promises to receive 60,000 won per day for each account and lends the passbook, check card, etc. of each account, which is not good in the nature of such crime, and the defendant lent the account in the name of the defendant to be used for scaming, etc., thereby causing actual damage to other persons. In light of the above, the defendant's liability cannot be deemed

However, it does not seem that the defendant was aware that his account would be used for scaming, etc. while lending a passbook, check card, etc., and the defendant would prevent further damage using his account after the crime of this case.

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