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(영문) 대전지방법원 공주지원 2021.01.26 2020고단533

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No person shall lend any access medium to another person for the purpose of receiving, demanding or promising the consideration.

On July 3, 2020, in order to obtain a loan from a person in unsound name, the Defendant issued a physical card connected to D’s name account (Account Number E) in the official post office located on July 3, 2020, to the Defendant’s name in order to obtain a loan from a person in unsound name who misrepresented B’s employees of the lending company.

As a result, the Defendant promised to receive an intangible expected interest of a loan and lent the approach media.

Summary of Evidence

1. Application of statutes on financial transactions by a person himself/herself, inquiry of customer information, and details of account transactions to the defendant who has made a legal statement of the defendant in the police interrogation protocol;

1. Relevant legal provisions and grounds for sentencing regarding criminal facts and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) (amended by Act No. 17297 of May 19, 202)

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] / [the types of crimes in violation of the Electronic Financial Transactions Act] / [the types of crimes in violation of the Electronic Financial Transactions Act / [the crimes in violation of the Electronic Financial Transactions Act] / The mitigated elements of crime: simple participation [the scope of recommendations and recommendations] mitigated areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: The Defendant, four months of imprisonment, committed the instant crime after the lapse of a period of one year, which was sentenced to a suspended sentence of four months for the same crime on June 13, 2019, even though he was sentenced to a suspended sentence of one year.

Accordingly, the access media provided by the defendant was used for the crime of Bosing 17.5 million won in the amount of damage.

Considering such unfavorable circumstances, the sentence of imprisonment should be imposed on the accused.

On the other hand, the favorable circumstances such as the recognition of mistake and reflection of mistake and the fact that there are dependents are dependents shall be considered.

(b) other.