beta
(영문) 수원지방법원 안양지원 2020.02.06 2019고단2422

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

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, around July 2019, the Defendant loaned the means of access to a financial institution by promising a cargo vehicle to a cargo vehicle sent by a person who cannot know his/her name in front of the Seoul Seocho-gu Seoul Seocho-gu, to obtain a loan of KRW 15 million from a person whose name he/she assumes a false name as a lending business entity at least 3% from the person whose name is unknown. Before that, in order to receive a contact and to obtain a loan of KRW 15 million from a cargo vehicle, the Defendant:30, July 15, 2019, issued a physical card connected to the Cbank account (D) in the name of the Defendant to a cargo vehicle, and issued a new phone card in the name of the Defendant, and notified him/her of the password card by telephone, thereby lending the means of access to the financial institution in return for an intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Personal data of A and F C Bank;

1. Application of the transfer statement (C Bank A) Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 1] general criminal field [the scope of recommendation field and recommendation range] basic field, and April to October of imprisonment;

2. Circumstances unfavorable to the determination of sentence: The instant crime is a crime detrimental to the security and trust of financial transactions.

The Defendant agreed to obtain a loan and lent the check, and such lending card was actually used for fraud.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The defendant seems to have not obtained monetary benefits in the case.

In addition to the past 18 years of power related to transportation (special amnesty), particular punishment power shall be imposed.