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(영문) 서울중앙지방법원 2019.07.18 2019고단2866
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 lend or receive a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

On February 15, 2019, at the entrance of the Seocho-gu Seoul Metropolitan Government B apartment parking lot, the Defendant was urged by the employees from the name light scaming scaming scaming scam to offer a substitute loan at a low interest rate by repeating the money for entering and leaving the check, and delivered one check card connected to the bank account (D) in the name of the Defendant using Kwikset Service to the above person who was named in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of each remittance receipt and statement of currency (A);

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following circumstances are taken into account: (a) financial fraud crime occurred due to the instant crime; (b) the Defendant was punished twice as a same kind of crime; and (c) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (d) the sentencing conditions indicated in the instant records, such as the circumstances after the crime, etc., shall be determined as ordered.

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