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(영문) 창원지방법원 2020.04.03 2020고단25
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, 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

In using and managing a 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 any other Act.

Nevertheless, the Defendant received a proposal from a name-free person, stating that “The Defendant will receive a loan if sending the check card to pay the principal and interest,” and consented to it, and then, around November 1, 2019, the Defendant issued a letter of check card of bank account in the name of the Defendant to the name-free person through Kwikset Service.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of B bank reply data and written petition Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (it shall be taken into consideration the reflection of gender, the fact that there is no previous criminal record or any previous criminal record of the suspension of execution or any previous criminal

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