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(영문) 창원지방법원 2020.05.22 2020고단302
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 August 22, 2019, the Defendant sent a e-mail card to use a lending business operator for the purpose of withdrawing interest on loans from a nameless person who misrepresented the lending business operator at an infinite location. On the same day, the Defendant accepted a proposal to lend KRW 20 million, and then sent one e-mail card linked to the bank account (C) in the name of the Defendant at the Jinhaesan post office located in the same day, and sent one e-mail card to the above infinite name via the post office home page, and notified the password to the telephone.

As a result, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning details of transactions, search, seizure, verification warrant, search and seizure warrant and correspondence data to be submitted;

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 Act on the Suspension of Execution [the scope of sentence under law] 1 month or 3 years [the decision of a sentence] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] : simple participation [the general person who has a certain amount of profit] - where there is no actual amount of profit or minor amount of profit, 1 month or month to 6 months [the scope of recommendation] subject to reduction, 1 month or month of imprisonment [the period of suspended sentence] subject to reduction - There is no positive participation, - If there is no amount of profit: If there is no actual amount of profit, or if there is no amount of profit, it is obvious that there is no amount of profit, or if there is a minor amount of profit: Imprisonment with prison labor for 4 months, the act of lending the means of access is seriously detrimental to the society by facilitating various crimes, such as tax evasion, Internet gambling, and outsourcing, and the victim using the account of a financial institution.

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