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(영문) 수원지방법원 2018.08.07 2018고단2820

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, at around 15:00 on August 24, 2017, the Defendant: (a) was unable to obtain a loan from an illegal loan intermediary in front of Suwon-si, Suwon-si; (b) was made by creating a false transaction performance; (c) was obtained a so-called “illegal work loan,” which was obtained by deceiving a financial institution by raising credit rating; and (d) sent one check card, which is an access medium connected to the Saemaul Savings Depository (Account Number: D) in the name of the Defendant, via Kwikset, to the name-oriented person via Kwikset, and notified the account number and password by telephone.

As a result, the Defendant lent access media with the knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions;

1. Application of a search and seizure inspection warrant and reply data Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant committed the instant crime even though he had the same criminal history, and at the same time, the Defendant committed the instant crime, and the media that the Defendant lent to a third party caused damage to a third party, and the Defendant recognized the Defendant’s mistake, and other favorable circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence leading to the instant crime, the circumstances before and after the instant crime, and other criminal records.