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(영문) 서울동부지방법원 2020.06.11 2020고단757
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, around July 2, 2019, the Defendant accepted the phrase “B” from a person under whose name the Internet job seeking advertisement reported and contacted Kakakaox, and accepted the word “B will pay KRW 60,000 won per case if the mail was delivered.” On July 5, 2019, the Defendant sent the e-mail card connected to E’s account in accordance with the direction of the person under whose name the e-mail was recorded and sent the e-mail photograph to the person under whose name the e-mail was recorded, and then sent the e-mail card to the person under whose name the e-mail was recorded. The Defendant sent the e-mail card to the person under whose name the e-mail was recorded in the e-mail list from around that time to July 11, 2019.

As a result, the Defendant knowingly committed an act of keeping and delivering a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to criminal facts, information on crimes, self-denunciations, and documents attached thereto (Evidence List 2);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 3 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Imprisonment with prison labor for not more than four years and not more than six months;

2. The scope of recommendations based on sentencing guidelines for each violation of the Electronic Financial Transactions Act [decision of types] shall be subject to the crimes in violation of the Electronic Financial Transactions Act (crimes in violation of the Electronic Financial Transactions Act).

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