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(영문) 인천지방법원 부천지원 2019.11.28 2019고단2563
전자금융거래법위반
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for 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 one shall lend a means of access used in electronic financial transactions while demanding, demanding or promising the consideration.

Nevertheless, around 17:00 on July 31, 2017, in the vicinity of Kimpo-si B of Kimpo-si, the Defendant: (a) in response to the proposal, “If he/she lends a physical card one day, he/she will use it for the purpose of receiving payment in connection with the business, and reduce or exempt the interest on loans in lieu of using it for the purpose of receiving payment in connection with the business; (b)”, the Defendant opened a copy of the physical card connected to the Defendant’s credit bank account in the name of D (Account Number: E) and notified the account number and password of the said account.

As a result, the defendant provided, demanded or promised compensation, lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on the details of account transactions attached to investigation reports (the details of account transactions in D name) and accompanying documents;

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 favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing guidelines [decision of types] the scope of recommendations [decision of the recommended area] the mitigated area (where there are grounds for special consideration in relation to criminal gathering or motive for committing a crime), the mitigated area (where there are grounds for special consideration in relation to criminal gathering or motive for committing a crime, the scope of recommendations] not more than six months;

2. Determination of sentence: Determination of sentence: In consideration of all kinds of sentencing conditions shown in the pleadings in the instant case, such as imprisonment for four months, the stay of execution for two years, the fact that there has been the history of being punished as a violation of the Electronic Financial Transactions Act, the confession of a crime, the fact that mistake has been divided, and the age, character and conduct, environment, circumstances of a crime and circumstances after a crime, etc., the punishment shall be determined as ordered.

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