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(영문) 창원지방법원 2020.05.08 2020고단307
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

No one shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access, or deliver or distribute the means of access to any request or promise to receive compensation.

On October 11, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented that he is a Cbank employee in front of the Defendant’s residence located in Kimhae-si, stating that “to grant loans by accumulating the results of withdrawal transactions; and (b) opened a physical card and password connected to the Defendant’s name D (E) account through Kwikset Service Delivery Board.

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. A certificate of confirmation, details of account transactions, search, seizure and verification warrant;

1. Application of the Acts and subordinate statutes on investigation reports, details of replies and conversations;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No.62(1) of the Suspension of Execution [the scope of sentence which is advantageous to the reasons for sentencing] 1 month or 3 years [decision of a sentence] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] - In the event there is no actual amount of profit or minor amount of profit: - In the event there is no actual amount of profit or minor amount of profit, it shall be deemed that there is a serious social harm that the defendant lent the means of access by facilitating various crimes, such as tax evasion, Internet gambling, drinking, etc.

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