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(영문) 수원지방법원여주지원 2020.09.15 2019고단487
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, 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 any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

On January 27, 2019, the Defendant heard the horses that “if you send a physical card to be used for the repayment of interest, I will grant a loan,” and leased the means of access to the Defendant’s name-free person through Kwikset Service and promising to give a password to him through Kwikset Service, who is connected with B’s husband’s account (Account Number: D) in front of the South Korean Fire-Fighting Station located in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the E’s written petition and statement;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the means of access to the crime of Bosing, the record of punishment for the same kind of crime, etc. shall be considered disadvantageous circumstances, and the recognition and reflection shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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