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(영문) 광주지방법원 장흥지원 2019.08.22 2019고단116
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 to an electronic financial transaction while receiving, demanding or promising any compensation therefor.

Nevertheless, at around 14:32 on February 18, 2019, the Defendant received a proposal that “if he send a e-mail card, he will give a loan of KRW 6,000,000 after counting the transaction record of deposit and then will withdraw the principal and interest.” On February 19, 2019, the Defendant sent one e-mail card connected to the Defendant’s name D (E) to Kwikset Service Articles in the name of the Defendant and sent it to F.

As a result, the Defendant promised to receive intangible expected benefits for future loans, and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the details and copies of transaction transfer, reply data and 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. The act of transferring the means of access to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution needs to be strictly punished as the means of other crimes. The means of access to the case that the Defendant leased is also used for the crime of fraud, the Defendant recognizes his mistake and reflects it, the Defendant was unable to gain profits due to the crime of this case, the Defendant was the primary offender, and the Defendant was the primary offender, and the conditions of various sentencing as shown in the records and trial process, including the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime, etc.

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