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(영문) 창원지방법원 진주지원 2019.02.21 2018고단463
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation unless otherwise specifically provided for in other Acts.

Nevertheless, on January 2018, the Defendant sent a physical card (B) to the Nonindicted Party’s name, “I wishing to obtain a loan”) from the Nonindicted Party’s name,” and then sent a copy of the physical card connected to the Defendant’s post office account (B) to the Nonindicted Party’s name.

As a result, the Defendant promised to make the details of deposit collection transactions and receive intangible expected benefits for future loans, and lent the means of access to the name-in-facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (Confessions made through criminal conduct, reflectiveness, and no previous offense);

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