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(영문) 광주지방법원 2020.08.27 2020고단3069
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 the means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 2019, the Defendant: (a) received a proposal from a person who was unaware of his/her name to the effect that “the head of the Tong is required to operate the company; (b) he/she will use and return the passbook to the extent of KRW 200,000 per one passbook in return for the loan of the head of the passbook; and (c) around that time, the Defendant’s name bank account (number B), a new bank account (number C), and the Nong Bank account (number C): and the person who sent the above name card connected to each of the above accounts; (d) notified the name bearer via an wire of the password; and (e) received a total of KRW 50,000 in return for the loan of each of the above financial transaction means.

Accordingly, the Defendant lent the means of access to his name in return for compensation.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written confirmation of remittance of the police statement of suspect interrogation E on the defendant's legal statement, statement of transaction, new bank account information, statement of new bank account transaction, agricultural bank account information, information inquiry, information inquiry, and statement of account transaction (investigation into the account in which the damage amount was transferred), investigation report (verification of the account holder), investigation report (verification of the person under whose name the damage amount was transferred), investigation report (report on the remittance of the damage amount), investigation report (report on the contents of the damage amount), investigation report (report on the confirmation of the contents of the damage amount withdrawn

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Lending the means of access for sentencing under Article 62-2 of the Criminal Act to probation and community service order shall be used as a means of other crimes.

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