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(영문) 청주지방법원 2019.10.24 2019고단1290

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 to provide means of access.

Nevertheless, at around January 11, 2019, the Defendant sent a e-mail card that enables cash withdrawal from a person who has no personal name to receive a loan. He/she would give a loan if it is possible to normally receive and withdraw money from the account.” On January 15, 2019, the Defendant accepted the proposal, and on January 15, 2019, sent a e-mail card linked to the Defendant’s bank account (C) and lent a means of access by notifying the password to the person who has no personal name.

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. Written statements of D;

1. Certificates of transfer transactions;

1. Application of Acts and subordinate statutes to the provision of financial transaction information (E, A);

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. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the means of access is transferred to another person for the purpose of violating the Electronic Financial Transactions Act, and a non-prosecution disposition is not imposed twice.

Nevertheless, since the crime of this case was committed, the sentence of this case is to be suspended in consideration of the fact that there is no record of criminal punishment yet, and there is no profit acquired by the defendant.