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(영문) 광주지방법원 2019.10.10 2019고단2177
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

No person shall engage in any act of lending any means of access necessary for electronic financial transactions in the course of demanding, demanding or promising such means.

Nevertheless, around April 11, 2019, the Defendant listened to the statement that “on the face of sending the card necessary for the repayment of interest, the Defendant would lend the credit card,” and then, around 12:00 on the same day, at the first floor of C Hospital in Seo-gu, Seo-gu, Gwangju, Kwikseter through Kwikseter’s service engineer, informed the password via Kwikseter’s new bank (D) account under the name of the Defendant.

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. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of the Acts and subordinate statutes on text messages, certificates of confirmation, and communication content;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the instant pleadings.

Sentencing factors: The primary crime without criminal record, the fact that the gains acquired by the instant crime are not confirmed: The means of access that the Defendant leased was actually used for the loan fraud, the existence of the so-called large passbook is essential for various types of crimes, such as the Bosing Fraud, and the use of such a large passbook is widely known to the general public in society. Therefore, it is highly necessary to prevent recurrence of similar cases by strong punishment against its supply, and the Defendant is the instant case around 2013.

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