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(영문) 제주지방법원 2019.10.16 2019고단429

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising the use and management of the means of access.

Nevertheless, around October 25, 2018, the Defendant, who misrepresented B staff, issued to the employee of the bearers without name who sent the name card and password connected to the Defendant’s corporate bank account (C) prior to the departure of Guro-gu Seoul Metropolitan City, on October 28, 2018, after hearing the speech that “I would prejudice B’s loan with low interest, because of the lack of credit rating because of the lack of the description of transactions, and if you send the check card, I will raise the transaction performance and loan up to 30 million won.”

Accordingly, the defendant was promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on financial transactions;

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. A punishment is determined as ordered by comprehensively taking into account the following circumstances as follows: (a) the second damage, singinginging, etc., due to the Defendant’s crime for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the Defendant had the record of being investigated into the same kind of crime; (c) the amount of damage from singinging is minor; (d) the Defendant has paid the full amount of damage to singinging victims; and (e) the Defendant has paid the full amount of damage to singing victims; (e) the Defendant’s age, character and conduct