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(영문) 서울남부지방법원 2020.10.23 2020고단4288
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, around 18:00 on March 17, 2020, in Michuhol-gu Incheon, the Defendant received a proposal from the person who has the highest name in the name of the former lending business entity and accepted it, and then sent the check card to the person who has the name in the name of the Defendant through Kwikset Service.

Accordingly, the Defendant promised to borrow the means of access in consideration of intangible expectation interest that the Defendant can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on each transfer statement by the police officer to E;

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. Article 62 (1) of the Criminal Act;

1. Circumstances that are favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The punishment as ordered is determined by taking full account of various circumstances, including the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., as well as the sentencing conditions shown in the records and arguments, even though having been sentenced to a fine in December 2019 for the same kind of crime, and the means of access leased by the Defendant was used to commit the crime, causing damage.

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