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(영문) 서울북부지방법원 2020.03.31 2019고단3984
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, around February 20, 2019, the Defendant sent the means of access, such as a physical card, a password, and a password, connected to the account in the name of the Defendant using Kwikset Service, to the name-based Boksetsetman who would give a loan when sending the physical card in front of Gangseo-gu Seoul Metropolitan Government.

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. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

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

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. Article 62 (1) of the Criminal Act;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order have been led to the Defendant’s confession, the Defendant has already been convicted of committing a crime, including the previous one, and the means of access provided by the Defendant was actually used in the so-called Bophishing fraud, and the victim was committed, taking full account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances shown in the records and arguments of this case, including the circumstances after the crime.

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