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(영문) 수원지방법원 안양지원 2019.08.28 2019고단1172
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall lend a means of access while receiving, demanding or promising compensation.

Nevertheless, the Defendant: (a) received a proposal from a person who misrepresented B with the exporter, “it is necessary to use another person’s physical card because of tax reduction or exemption for the export business; (b) for three days, fee of 2.4 million won shall be given; and (c) the physical card shall be returned.” (c) around February 2019, the Defendant sent one copy of the physical card connected to the bank account in the name of the Defendant at the Gyeonggi-si military store in Gyeonggi-si, Gyeonggi-si. (E).

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to certificates of deposit transaction and financial data inquiry;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The crime of this case is committed by the Defendant’s lending the check card to a person with no name, and the so-called doorbook, which is distributed therefrom, is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage. Therefore, it is inevitable to punish the Defendant even in order to eradicate it.

In fact, the means of access leased by the defendant was used for the crime of Bophishing, and the damage was not recovered properly.

The defendant has been punished several times, including the crime of double-class.

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