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(영문) 의정부지방법원 고양지원 2019.11.28 2019고단2805

전자금융거래법위반

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A defendant shall be punished by imprisonment for not less than two 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

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, around July 23, 2019, the Defendant received a proposal from a person who has no personal name, and consented to the loan from a person who has received a bank account under the name of the Defendant (B) and the cash card and password, etc. related thereto, and delivered it to the person who has not been registered, on July 29, 2019.

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. Statement to C by the police;

1. An investigation report (to be accompanied by data submitted by a petitioner);

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of Documents Submitted to 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. The crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment in that such act can be used for a very large amount of social harm, such as scams, illegal gambling sites, loan fraud, etc.

In this case, the means of access that the defendant lent was actually used for the loan fraud crime.

However, the Defendant recognized the instant crime and reflected his mistake.

The defendant seems to have no substantial profit from the crime of this case.

In 2006, there is no record of criminal punishment, except for the punishment of a fine due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In addition, the details of the instant crime, the number of means of access leased, the amount of damage suffered by the loan fraud, and the amount of damage.