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(영문) 전주지방법원 군산지원 2019.08.16 2019고단593
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 the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, around January 30, 2019, the Defendant: (a) received the notice from a person who misrepresented “E agency” through Dmera from a person who misrepresented “E agency” through Dmera; (b) sent the card to us, not a fixed-type registered entity; (c) us will withdraw the principal and interest by using the card; and (d) will return the principal and interest in full; and (e) then delivered one check connected to the F Association account in the name of the Defendant to receive the loan through Kwikset service article.

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. Copy of the police statement concerning H;

1. Application of Acts and subordinate statutes to investigation reports (report on details of transactions A of passbooks);

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

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 recognized all of the crimes and reflects the fact that the first offender is the sentencing factor favorable to the defendant. The crime of this case is the first offender by having the electronic financial transaction media receive compensation and lending the means of access which is likely to impair trust in the electronic financial transaction and to be used for other criminal acts. The actual fact that the means of access leased by the defendant is deemed to have been used for the crime, such as singishing, etc., is considered to be an unfavorable sentencing factor against the defendant, and the punishment was determined as ordered in consideration of the defendant's age, character

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