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(영문) 광주지방법원 장흥지원 2020.03.26 2019고단265
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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, the Defendant received a proposal from his name-free persons to the effect that he will create and lend a transaction performance when sending a physical card, and accepted it on August 5, 2019, and opened a copy of the physical card connected to the Defendant’s name-free person (D) account in front of the Defendant’s house B in Gangnam-gun, Gangnam-gun, Seoul Special Metropolitan City.

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. Details of entrance fees, transactions, and application of Acts and subordinate statutes on subscription information;

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. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act requires strict punishment inasmuch as it can be used as a means of other crimes. The means of access to this case that the defendant lent by him is used as a means of fraud, the defendant recognizes his mistake and reflects it, the defendant was unable to gain profits due to the crime of this case, the balance in sentencing with the same crime, the defendant's age, character and conduct, motive and means of the crime of this case, and the circumstances after the crime, etc., shall be determined as ordered by taking into account all the circumstances of various sentencing as shown in

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