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(영문) 전주지방법원 군산지원 2019.05.13 2017고단1389
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 lend or borrow any means of electronic financial transactions issued by a financial institution while demanding, demanding or promising the consideration therefor.

Nevertheless, on May 23, 2017, the Defendant accepted a proposal that “When sending the passbook, check card, and check card, the Defendant may repeatedly make a transaction performance by means of mail. To get a loan of KRW 30 million by raising credit rating.” On May 24, 2017, the Defendant sent the passbook, check card, and password connected to the Defendant’s post office account in the name of the Defendant in front of the Defendant’s house B in the following City B around May 24, 2017.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. As a result of the execution of each warrant of search, seizure and verification, the application of Acts and subordinate statutes of investigation report (Evidence List No. 30

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. The grounds for sentencing under Article 62(1) of the Criminal Act include the following: (a) the means of access leased by the defendant for the reason of sentencing under Article 62(1) of the suspended sentence, which actually resulted in damage caused by the use of the means of access for the criminal act of licensing; (b) the defendant is aware of and against the criminal act in this case; (c) there is no record of criminal punishment exceeding the fine; and (d) the defendant’s age, character and conduct, environment, circumstances before and after the instant

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