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(영문) 의정부지방법원 2020.12.02 2020고단2561
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on January 8, 2020, the Defendant listened to the purport that “When sending the check card, the credit rating shall be confirmed, and if transferring the amount deposited in the account, 1% of the remittance amount shall be employed to a job that can be collected as commission.” On January 16, 2020, the Defendant issued the check card, which is the means of access to the account (D) in the name of the Defendant in the name of the Defendant, to the Kwikset service article.

In this respect, the defendant provided a means of access in return for the intangible expectation interest that can be employed in the future.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal investigation report on the execution of a warrant of seizure, search and inspection and a reply to the execution of a warrant of seizure, search and inspection and specific person suspected of being suspected) by cutting down the details of the authenticity and written statement of the defendant’s legal statement E with closures

1. Selection of imprisonment with prison labor for an offense under Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the victim of the instant electronic financial transaction was actually scaming due to the crime of violating the Electronic Financial Transactions Act.

However, considering the fact that the defendant recognized the crime of this case and is against the defendant, the fact that there are children who are supporting the defendant, and the motive and background of the crime including the above circumstances (the fact that the defendant's e-mail card appears to have not been known that it was used for the crime of Bosing fraud) and the method and result of the crime, the circumstances after the crime, age, environment, and criminal record are punished for the same kind of crime.

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