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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3733
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around June 27, 2019, the Defendant heard that “a loan is made to the party. To obtain a loan, the Defendant sent a check for interest payment. If he/she wishes to send a check under the name of the party, he/she would withdraw the principal and interest to be redeemed by the party by using the check,” and then loaned the means of access to his/her name in order to receive any intangible expected interest that can be received future loan by sending it to the party under the name of the party. If he/she sent the check under the name of the party, he/she consented to it on June 27, 2019, and then lent it to the party under the name of the party under the name of the party.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a detailed statement of transfer of amount of damage, information on accounts A, etc. and submitted materials A;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act as to the suspended sentence are as follows: (a) it is highly harmful to the society in that it makes it possible to commit various crimes, such as telephone, financial fraud, etc.; and (b) it is difficult to arrest a person who actually committed a crime, such as telephone, financial fraud

The actual account transferred by the defendant was used for the crime of fraud.

Furthermore, since the defendant was subject to suspension of indictment due to the violation of the Electronic Financial Transactions Act, and again commits the same act in this case, it is necessary to strictly punish the defendant.

(b).

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