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(영문) 창원지방법원 2020.04.03 2019고단4050
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

On September 25, 2019, the Defendant received a proposal to lend KRW 50 million to a lender (B) who had misrepresented a borrower at a non-defluent place, and consented to lending KRW 50 million to the lender for the purpose of paying the principal and interest of loan. On September 25, 2019, the Defendant sent one check card linked to the bank account (D) in the name of the Defendant at the Changwon-dong post office located in the name of the Defendant, Changwon-si, Changwon-si, Seoul, Gyeongwon-si, which was 93 6, from around September 25, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes concerning details of transfer, warrant of seizure, new data, investigation reports, reports on internal investigation, cellular phone closure data;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under law] 1 month or three years [the decision of a sentence] - [the case of a special person] - The case of a violation of the Electronic Financial Transactions Act - The case of a simple participation [the case of a person who has no actual amount of profit or minor amount of profit] - The case of a serious reflect [the scope of recommending punishment] mitigation area, 1 month or month to six months [the case of a suspended sentence] - The case of a positive participation area - there is no actual amount of profit: The case of a simple participation, there is no amount of profit or minor amount of profit - The case of a positive general participation reason - The case of a lack of actual amount of profit: Social relation, clear relation, and serious reflect [the decision of a sentence] 4 months period of suspension of execution. The act of lending the means of access to the case of a certain act that facilitates various crimes, such as tax evasion, Internet gambling, and licensing, thereby making use of the account of the defendant.

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