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(영문) 창원지방법원 2019.06.27 2019고단1339
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 borrow or lend a means of access, or keep, deliver or distribute a means of access, except as otherwise expressly provided for in any other Act.

Nevertheless, around February 21, 2019, the Defendant received a proposal from a person without his name, to the effect that “a loan may be made up to 38 million won at the present time, and, if sending a physical card, by creating a transaction performance through deposit and withdrawal, he will make a credit rating, and then offer a loan.” On February 26, 2019, the Defendant sent it to the Kwikset Service Officer who sent the name and omitted payment of the physical card connected to the Defendant’s bank account (E) from the Sung-gu Sung-si B apartment Cdong-gu, Chang-si, Changwon around 15:00 and around February 26, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Data on response to financial information;

1. Application of a copy of each bankbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence was that the Defendant’s account was used for the singishing crime, and the large amount of the second damage was practically caused.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's name and reflects the defendant when committing the crime; (b) there is no previous conviction

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