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(영문) 대전지방법원 2019.09.19 2019고단2639

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

On March 12, 2019, the Defendant received a proposal from “B” and accepted the proposal to the effect that “When sending a e-mail card, he/she would make the details of transactions of entering and leaving the e-mail and make it available for loans after making income evidence,” and then, around March 13, 2019, the Defendant sent a e-mail card and password connected to the Defendant’s bank account (D) by using the e-mail at a post office located in the Dong-gu, Daejeon-gu, Daejeon.

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. Application of Acts and subordinate statutes to a petition, written statement, and remittance statement (E);

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the decision of imprisonment is made by taking into account the nature of the instant crime, the motive of the Defendant’s crime, the specific form of the crime, and the previous records of the criminal punishment as the same kind of crime. The Defendant appears to have committed the instant crime at the difficult location, and the Defendant appears to have committed the instant crime in full view of various sentencing conditions as indicated in the records and arguments, such as age and reflectness, etc.