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(영문) 의정부지방법원 2018.02.06 2017고단5462

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

On August 7, 2017, the Defendant lent 15 days per 1,500,000 won per 1,00,000 won per 1,00, at the entrance of the parking lot on the ground of the Mandong-si, Namyang-si, Namyang-si, the Defendant lent 1,00,000 won per 1,00 won per 1,00,000 won per 1,00,000 won per 3,000,000 won per 1,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Responses to financial institutions;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the punishment of the crime in the instant case is not minor in light of the content and result of the crime.

However, the defendant shows his attitude to see and reflect his mistake.

There is no criminal record for the defendant.

Social ties are clear, and the detention of the defendant is likely to involve excessive difficulties for his/her dependents.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, circumstances before and after the crime, balance of general punishment in the same and similar cases, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments of this case, such as the punishment.