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(영문) 서울남부지방법원 2020.08.26 2020고단2495
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 26, 2020, the Defendant received a proposal that “I will create a transaction performance and offer loans after raising credit points,” from a person who assumes a false name representing B Bank C agency, and around the 31st day of the same month, around the 31st day of the same month, the Defendant sent a physical card, linked to the E Bank account in the name of the Defendant in front of the Defendant’s dwelling in Gangseo-gu Seoul, Gangseo-gu, Seoul, via Kwikset Service Articles, sent a copy of Kwik and notify the password to Kakao.

As a result, the Defendant promised to make an intangible expectation profit that can receive a future loan, and lent the means of access to a person with no name.

Summary of Evidence

1. The suspect interrogation protocol of the police concerning the defendant's court statement G;

1. A written petition and a written statement of H;

1. Certificates of deposit;

1. Response to a request for financial transaction information;

1. Application of the Kakao Stockholm 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 lending of the means of access to sentencing under Article 62(1) of the Criminal Act requires strict punishment due to severe social harm, such as infringing on the safety and reliability of electronic financial transactions and may be abused as a means of other crimes.

The means of access lent by the Defendant was actually used for the crime of Bosing.

Even in 2019, the accused has been punished by a fine for the same kind of crime.

However, it is against the fact that the defendant, who is North Korean defectors, is responsible for committing a crime and can enjoy freedom when he lives properly, and that it is not good to the health condition of the North Korean defectors together with the defendant, and the age, character and conduct, environment, circumstances of the crime, and after the crime.

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