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(영문) 인천지방법원 2020.02.05 2019고단8317
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive any consideration and lend any means of access.

Nevertheless, at the end of April 2019, the Defendant received a proposal that “the e-mail card must be sent to the account to which interest should be deposited” from a person with no personal name, and the e-mail card connected to the D Association account in the name of the Defendant and lent the means of access to obtain a loan.”

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing specification of transactions;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;

2. The Defendant, who has been investigated twice as to the transfer of the means of access, was subject to a disposition of suspension of indictment on one of the two occasions, determined punishment by taking into account the elements of unfavorable sentencing, including the fact that the Defendant committed the instant crime, and the factors of favorable sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the instant crime, and other various circumstances, which are conditions of sentencing as indicated in the pleadings of the instant case, such as the circumstances after the instant crime, etc.

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