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(영문) 서울북부지방법원 2020.03.25 2019고단5638
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, at around 18:30 on July 1, 2019, the Defendant sent the means of access, such as a physical card, password, etc. connected to the Cbank account (D) under the name of the representative corporation B, using Kwikset service, to the name unskwikset that the Defendant would borrow a loan by accumulating transaction performance.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of account transactions and application of the Acts and subordinate statutes governing the request for financial transaction information;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act that facilitates the crime of fraud, such as scam, etc., or the crime of tax evasion, and its harm is very serious. In fact, the means of access to financial transactions lent by the Defendant has been used to commit fraud, causing damage exceeding KRW 100,00 won, the Defendant led to the confession of and reflect against the crime, the Defendant appears to have no or little profit acquired by the Defendant due to the crime of this case, and the sentencing factors, such as the initial crime, details of the crime, method and consequence of the crime, and the circumstances before

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