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(영문) 창원지방법원 2020.04.22 2019고단3892
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

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

On August 28, 2019, the Defendant received a proposal from a person who is unable to know his/her name by telephone to commit a loan fraud to the effect that “if he/she sends a e-mail card, he/she may obtain a loan by piling up false transaction records,” and consented thereto. On August 30, 2019, the Defendant sent a e-mail card connected to the Defendant’s name B bank account (C) to a person whose name is unknown, and sent the password by telephone.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the details of transactions of entry and withdrawal, and each internal investigation report;

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 suspended sentence (amended by Presidential Decree No.62(1)) of the Criminal Act (amended by Presidential Decree No.62 of the following) [the scope of sentence] imprisonment with prison labor for one month or three years [decision of a sentence] [special person] violation of the Electronic Financial Transactions Act] - Type 1 (general crime]: simple participation [general person] - where 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, serious reflect [the scope of recommendation] mitigation area, one month or more to six months [whether suspended sentence of imprisonment] - The main reason for positive participation is simple participation, absence of records of identical crimes

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