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(영문) 광주지방법원 순천지원 2020.05.20 2019고단2799
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on June 13, 2019, the Defendant received a proposal that “if he/she lends a physical card necessary for making payment, he/she will use it only for 3 days and offer 1.2 million won per case,” and accepted it. At around 17:00 on the following day, the Defendant sent a physical card connected to the agricultural bank account (B) in the name of the Defendant in the name of the Defendant and the same bank account (C) to the person who was not the name of the Defendant.

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of deposit;

1. Data on account information and correspondence;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] [Article 1] general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic field, imprisonment for not less than four months and ten months [the general person] - where there is no actual amount of profit or minor amount of profit or where there is no amount of profit or there is no amount of profit for suspension of execution [the grounds for suspension of execution] - Where there is no amount of profit or it is minor amount of profit or there is no criminal conviction or more than suspended sentence

3. Determination of sentence: The defendant's means of access for four months in imprisonment, and two years in suspended sentence, which actually causes damage to licensing, is disadvantageous.

However, there is no previous difference between the defendant and the defendant, and two times.

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