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(영문) 광주지방법원 순천지원 2020.01.16 2019고단1709

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 25, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for special injury and two years of suspended execution in the Changwon District Court’s territorial branch branch on April 25, 2019, and the said judgment became final and conclusive on September 27, 2019.

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

Nevertheless, on May 22, 2019, the Defendant listened to the statement that “if the Defendant sent a physical card with low credit but it does not originally lend it, he will make a loan by making the details of the deposit and withdrawal for two to three months.” At around that time, the Defendant sent one physical card, which is the means of access under the name of the Defendant, to the Kwikset Service Articles in the name-based C Hospital located in Skwikset Service (E) prior to the Kwikset Hospital located in Sacheon-si, and notified the name-based party of the account number and password in F.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Data on the results of transfers, replys, and replys;

1. Previous convictions in judgment: Application of the defendant's law to court statements;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of this case is the same in full view of various sentencing conditions as shown in the records and arguments of this case, including the criminal records of the defendant on the reason of the suspended sentence under Article 62(1) of the Criminal Act, equity in the case of being tried together with the crime for which the judgment became final and conclusive, the nature of the crime of this case, the occurrence of subsequent crimes, the circumstances of the crime, and the fact that the appellate court of the above final and conclusive judgment was pending at the time of the crime of this case