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(영문) 수원지방법원 안양지원 2019.09.05 2019고단1268
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, while promising to receive or request compensation.

Nevertheless, on May 7, 2019, the Defendant: (a) reported and contacted text messages that “low interest rate credit loans can be available; (b) made it possible to lend money from the person under whose name the Defendant was in a normal way; and (c) provided the physical card with repeated credit rating, and then requested the Defendant to send the credit card to the Defendant’s B Bank account; and (d) promised to receive the loan by sending one copy of the physical card connected to the Defendant’s B Bank account (Account Number C) from the E branch located in Pyeongtaek-si in Pyeongtaek-si on the same day, and lent the above means of access to the person under whose name the Defendant was in a name.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Documents to be sent by Pyeongtaek-si case number No. 2019-8903;

1. Details of financial transactions (No. 6 No. 535,00);

1. Detailed statements of transactions, certificates of deposit transaction performance, and detailed statements of transactions;

1. Application of Acts and subordinate statutes to the output of the I conversation;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The instant crime is a crime detrimental to the security and trust of financial transactions.

The card lent by the defendant was actually used for fraud crime.

The favorable circumstances are against the defendant's wrong recognition.

The instant case did not obtain monetary benefits.

It is an initial crime with no criminal power.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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