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(영문) 창원지방법원 2020.04.03 2020고단27
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 June 26, 2019, the Defendant: (a) received a proposal from a person in bad name, that “I would see a loan; (b) our own interest, etc. should be deducted; and (c) sent a physical card connected to that account.” (d) A bank located in Changwon-si, which opened a C account in the name of the Defendant; and (e) delivered a physical card to the above person in bad name via Kwikset Service.

Accordingly, the Defendant lent the means of access to receive compensation as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on deposit transactions and details of account transactions under the name of the defendant;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The lending of the means of access requires strict punishment because there are many cases where the lending of the means of access is used as a means of other crimes, such as gambling and singing, etc.; the circumstances in which the deposit account provided by the defendant actually used for singing: The defendant recognizes and reflects the crime; the defendant does not have any profit actually acquired by the crime of this case; the defendant does not have the same criminal records;

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