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(영문) 춘천지방법원 원주지원 2020.06.12 2020고단36
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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 the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

On May 2019, the Defendant received a proposal from a nameless person who became aware of through the Internet job-seeking site to “to give KRW 50,000 per case to the designated place of the Internet gambling site”, and around 19:00 on May 21, 2019, the Defendant sent the e-mail card, which was linked to the bank account (D) in the name of C, to the F convenience store in the city of interesting, designated by the winners of the above e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. G statements;

1. Application of Acts and subordinate statutes to photographs, such as the details of entrance and departure transactions, certificates of deposit, details of conversation at Kakaoo, and physical cards;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Incompetence] of the same case is likely to make it possible to commit various crimes, such as telephone, financial fraud, etc., and to arrest a person who actually committed a crime, such as telephone, financial fraud, etc. due to the identity of another person in its name.

The account actually delivered by the defendant was used for the crime of fraud.

In addition to the facts charged, the defendant seems to have delivered a large number of physical cards.

【Ligue circumstances】 The mistake is recognized, and is against the law.

There are no criminal records of the same kind and no other criminal records of punishment other than a fine once.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be comprehensively considered.

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