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(영문) 광주지방법원 순천지원 2019.07.03 2019고단846

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, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.

Nevertheless, at around 13:30 on December 20, 2018, the Defendant listened to the phrase “for a loan, it shall have a good credit by accumulating transaction performance, but it shall be changed to send a physical card.” On December 20, 2018, the Defendant issued one physical card connected to the new bank account (D) in the name of the Defendant, to the non-known person, and notified the password of the physical card.

In this respect, the defendant agreed to the interest of intangible expectation that he can get a future loan in consideration of credit rating through false deposit collection transactions and lent the means of access to a person who has lost his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as details of transactions and certificates of electronic financial transfer;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the means of access leased by the Defendant was used for the crime of Bophishing fraud, etc. is disadvantageous.

However, the sentencing conditions shown in the trial process, such as the fact that the defendant recognized the crime, the first offender, etc., and the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, and the circumstances after the crime, shall be determined as ordered in comprehensive consideration.