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(영문) 대전지방법원 논산지원 2021.01.26 2020고단551
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall borrow or lend any access medium with the knowledge that it is to be used for a crime or to be used for such crime in using or managing the access medium for electronic financial transactions.

On March 28, 2018, the Defendant was subject to a disposition that was not suspected of having transferred access media at the mountainous district office of Daejeon District Prosecutors' Office. On March 22, 2019, the Defendant knew that the access media would be used for crime, such as Bosing, if it was transferred or lent due to the fact that he received a summary order of a fine of KRW 3 million due to the fact that he sent the access media with knowledge that it would be used for crime, such as Bosing, etc. in the Daejeon District Court.

On May 25, 2020, the Defendant extended KRW 50 million at a low interest rate if he sent a e-mail card to a third party from his name in a fixed post office located at the 7th e-mail station at the e-mail station at the e-mail station at the e-mail station at the e-mail station at around May 25, 2020.

The card shall be returned when the loan is approved.

“In response to the proposal to the effect that it was presented, one physical card connected to the post office account (B) in the name of the Defendant was sent to the name in the post office box, and the personal number was sent to the name in the text message.

As a result, the Defendant lent access media with knowledge that it will be used for crimes such as Bosing, etc.

Summary of Evidence

1. Search for seizure, seizure, verification warrant and reply against the defendant's legal statement C;

1. Application of the statutes on data submitted by the defendant

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime; Articles 49 (4) 2 and 6 (3) 3 of the Act on Electronic Financial Transactions and the Selection of Punishment;

1. Although the Defendant was sentenced to a fine for violating the Electronic Financial Transactions Act on March 2019, the Defendant again committed the instant crime. The Defendant’s access media that lent to another person is eventually the same.

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