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(영문) 서울북부지방법원 2021.03.08 2020고단3512
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, in December 2016, the defendant found the person who is to conduct the business of returning a marina hotel to the Makao hotel from the person who is not the name of the hotel.

Around December 9, 2016, after receiving a proposal to the effect that “If a person conducts money exchange business using his/her account, he/she may obtain high profits of at least KRW 15 million, he/she may obtain high profits.” Around December 9, 2016, at the Chinese Vietnam Airport, he/she issued a copy of e-mail card connected to B bank account in the name of the Defendant, with the promise to register his/her account with the casino and receive high profits.

As a result, the Defendant promised to receive intangible expectation benefits that can obtain future high-income, and lent the accessible media to the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the internal investigation report made by the police on D (Attachment, etc. of CCTV video data at the time of withdrawal of the damaged amount);

1. Personal inquiry into entry or departure;

1. Details, etc. of account transactions under the name of the defendant, and the application of statutes governing transfer confirmation;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., Articles 49(4)2 and 6(3)2 of the same Act on the Selection of Punishment, etc.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] / [the types of crimes in violation of the Electronic Financial Transactions Act] / [the types of crimes in violation of the Electronic Financial Transactions Act / [the crimes in violation of the Electronic Financial Transactions Act] / The mitigated elements of crime: simple participation [the scope of recommendations and recommendations] mitigated areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: The defendant, on August 20, 2010, has been punished by a fine of two million won on August 20, 201, for a violation of the Electronic Financial Transactions Act, once again.

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