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(영문) 광주지방법원 장흥지원 2019.07.11 2019고단45
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, around November 6, 2018, the Defendant received a proposal from a person who has no personal name, stating that “I would give a loan if I send a physical card,” and then, in accordance with the direction of the person who has no personal name, sent one physical card connected with the Defendant’s forestry cooperative account (D) to the Kwikset service article in front of the C cafeteria located in the Donnam-gun, Seoul-gun, Seoul-gun, and notified him of the password in E.

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. The document and written statement of the F;

1. Application of Acts and subordinate statutes to data on replies 2018-5252 and criminal investigation reports (Attachment to E dialogue Contents);

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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