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(영문) 창원지방법원 2020.05.20 2020고단996
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant accepted the proposal that “the head of the city shall pay 2 million won per page of sending the physical card” from the person under whose name the card was named, and then, around April 3, 2019, the Defendant sent the password to the person under whose name the card was sent by inserting one physical card connected to the national bank account in the name of the Defendant and one physical card linked to the national bank account in the name of the Defendant and the national bank account, and sent the password to the Kakaox.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on passbook photographs, etc., details of account transactions, and CCTV photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (it shall be considered that there is no previous or previous criminal record of suspension of execution or more for the latest ten years);

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