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(영문) 창원지방법원 2020.06.04 2020고단139
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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 27, 2019, the Defendant reported on the Internet search site “to punish KRW 200,000 per day when he/she becomes a member of a sports earth,” and consented to withdrawal of money deposited in the account in the name of the Defendant by the person who was absent from his/her name. On August 28, 2019, the Defendant lent one check card connected to the bank account in the name of the Defendant at the 365 mp from the 365 mp of the branch office in Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, 2019 to the person who was absent from his/her name and received KRW 50,000 per fee.

Accordingly, the Defendant lent the means of access while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Deposits receipt, details of passbook transactions, etc.;

1. Application of Acts and subordinate statutes of each investigation report (No. 5,6,8)

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

1. Selection of imprisonment with prison labor chosen;

1. The instant crime, on the grounds of sentencing under Article 62(1) of the Criminal Act, is not subject to the Defendant’s responsibility, taking into account the following: (a) the fact that the means of access transferred was abused for a financial fraud crime and that the means of access transferred by the Defendant was actually used for a financial fraud crime; and (b) the Defendant received a commission in return for a means of access.

However, it is favorable to the defendant that the defendant reflects his mistake, and that the first offender is the first offender.

All the circumstances, including the above circumstances, are shown in the records and arguments, including the Defendant’s age, environment, motive, background, means, and consequence of the instant crime.

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