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(영문) 광주지방법원 2020.01.22 2019고단2504
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing the means of access to electronic financial transactions, no one shall promise to lend the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 20, 2018, the Defendant received a proposal from a non-name-based company in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, stating, “I will give 2,500,000 won per day if I lend the physical card to operate a liquor company for three days,” and issued a copy of the physical card connected to the bank account in the name of the Defendant to the non-name-based beneficiary by using the home line.

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. Copy of the police statement concerning B;

1. Application of Acts and subordinate statutes to written confirmation of transfer results to a statement;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

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

1. Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the crime of violating the Electronic Financial Transactions Act does not constitute a crime subject to a compensation order under each subparagraph of Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and thus, an application for compensation is unlawful) has no record of criminal punishment. The circumstances favorable to the recognition of the crime of this case, such as the fact that the means of access to electronic financial transactions leased by the defendant have been used for the scaming crime, and that the damage has occurred to four million won, and other factors such as the defendant’s age, character and behavior, environment, means and consequence of the crime, etc., shall be determined as ordered by the sentence, comprehensively

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