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(영문) 수원지방법원 안양지원 2019.10.29 2019고단1558

전자금융거래법위반

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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

Around 16:00 on April 12, 2019, the Defendant agreed to obtain a loan from an unqualified person in the name of the Defendant, and sent a physical card connected to the Suhyup Bank Account (D) account in the name of the Defendant, using Kwiksetset through Kwikset.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing the exchange of financial information, such as written confirmation of electronic financial transfer;

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

1. The suspended sentence provided for in Article 62(1) of the Criminal Act requires provision on grounds of lending the reason for sentencing, etc., taking into account the following factors: (a) there are grounds for some of the motive of crime to be considered in response to the request for provision; (b) the accused can have the power to impose criminal punishment; and (c) the Defendant’s age, character and conduct, environment, circumstances