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(영문) 광주지방법원 장흥지원 2019.07.11 2019고단24
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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, on August 18, 2018, the Defendant received a loan advertisement from a person who was unaware of the name of the deceased on the date and sent the physical card through B through B. On September 18, 2018, the Defendant issued a letter of the physical card connected to the name of the Defendant’s Association account (E) to the Kwikset service article in front of the C office located in Gangnam-gun, Gangnam-gun, Seoul Special Metropolitan City.

As a result, the Defendant promised to lend the means of access to electronic financial transactions in return for the intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investigation reports (in the name of the Association, accompanied by a search and seizure warrant issued by the Association Bank, the results of execution, B letters, etc.

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 Criminal Act 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, there is the same criminal penalty as the Defendant’s fine, the Defendant acknowledges and reflects his mistake, the Defendant was unable to obtain benefits from the crime of this case, and other conditions of sentencing as ordered, including the Defendant’s age, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined by taking into account all of the following factors of sentencing as indicated in the trial process

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