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(영문) 수원지방법원안산지원 2020.08.20 2020고단2488
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around March 2, 2020, the Defendant received a proposal from a person who had misrepresented the team leader of B lending C and accepted it as “I will grant loans if I wish to send a physical card for interest payment.” On the same day, around 16:23, the Defendant sent the physical card connected to the Defendant’s name bank account (F) before Sinsi-si D and E sales outlet, to the non-existent male, and the password necessary for using the physical card was notified by telephone.

Accordingly, the defendant agreed to receive compensation and lent the means of access for financial transactions to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint of G;

1. Details of deposits and transactions;

1. Application of Acts and subordinate statutes to notify data on financial transaction status;

1. Relevant Acts concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant was indicted for violating the Electronic Financial Transactions Act, and thus, was aware of the social harm of the act. The Defendant again transferred the means of access under the name of the Defendant, even though he was sentenced to a fine by a case of transferring the cell phone conviction which was opened in his name to another.

The above means of access was used for the crime of Bophishing, and the occurrence of a serious victim.

However, the defendant recognizes his mistake.

According to the evidence submitted, the defendant seems to have been aware of the crime of this case in order to obtain a loan, and there is no evidence to deem that he acquired a direct benefit through the crime.

The age, character and conduct, environment, and environment of the defendant.

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