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(영문) 전주지방법원 군산지원 2019.10.11 2019고단768
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 became final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2018, the Defendant received a proposal from the person who was not the name of the Defendant, stating, “In order to grant loans of KRW 10,000,000,000,000,000,000,000,000,000,000 won to the Defendant’s house located in Gunsan-si, Sinsan-si, under the direction of the person who was not the name of the Defendant, and sent two physical card cards connected to the Suhyup account (Account Number C and D) under the name of the Defendant, and notified the person who was the name of the person who was the name of

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (verification of a suspect's additional account).

1. Application of Acts and subordinate statutes to data submitted;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant acknowledges and reflects the crime, and that only the person who has been punished twice due to the crime is punished as a favorable sentencing element for the defendant. The crime of this case is the act of lending the electronic financial transaction media to receive compensation and thus requires strict punishment due to high possibility of using the means of access which has been leased to other criminal acts. The actual means of access is deemed to have been used for the crime such as scaming fraud, etc., taking into account the defendant's age, character and conduct, and motive for the crime as ordered.

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