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(영문) 전주지방법원 군산지원 2020.02.12 2019고단1539
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, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2019, the Defendant received a call from an infinite, who had misrepresented the employees of the lending company at the office of Yansan-si, Yansan-si, 242, Yansan-dong, the Defendant issued a letter of the physical card connected to the account of community credit cooperatives (B) in the name of the Defendant on the phone, and issued a letter of the card to the above infinite, and then notified the phone number by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written petitions and reply data to a seizure warrant;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act shall be punished by imprisonment with labor in consideration of the following: (a) the act of lending means of access, which can be abused for crimes, such as scaming, tax evasion, gambling, etc.; and (b) the act of lending means of access as much as society is committed; (c) the actual occurrence of the victim; and (d) the actual occurrence of the same crime; and (e) the act of repeating the victim only with the history of the same crime; and (e) the act of lending means of access, etc. shall be punished by imprisonment with labor; and (e)

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