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(영문) 서울남부지방법원 2020.06.12 2020고단1524
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.

Nevertheless, around December 10, 2019, the Defendant received a proposal that “low interest rate loans are possible, and will proceed with the lending if the Defendant sent a e-mail card for repayment of loan interest,” using a phone from the person who was named in the name, and accepted it. On December 17, 2019, the Defendant sent Kwikset service articles who was named in front of Yeongdeungpo-gu Seoul Metropolitan City, to the officer of Kwikset service, who was sent from the name in front of the Defendant’s account in the name of the Defendant. One copy of the e-mail card connected to the account in the name of the Defendant, and the password was notified to the person who was named in the name.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as transfer details;

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing in the instant case records and arguments, including the fact that the means of access can be recognized and reflected, and that there is no previous convictions: The fact that the means of access leased has been used to commit the crime, causing damage, etc., shall be determined as the same as the disposition, taking into account the following circumstances: the Defendant’s age, character and conduct, environment, motive and means of the crime, the consequences and results

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