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(영문) 창원지방법원 2020.04.03 2020고단458
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 July 23, 2019, the Defendant sent a physical card in the vicinity of the Kimhae-si Dispute Resolution Co., Ltd., which is located in Kimhae-si B, to the name partner, “a loan will be made. In lieu of the principal and interest repayment, the Defendant sent the physical card to the name partner through Kwikset Service, which is linked to the name partner’s bank account in the name of the Defendant (E).

Accordingly, the defendant expected to be able to receive a future loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as the F’s petition and account transaction details;

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 [the scope of sentence which is advantageous to the reasons for sentencing] under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of sentence under law] 1 month or 3 years [the decision of a sentence] - Violation of the Electronic Financial Transactions Act - Type 1 (general crime ] : simple participation [the general person who has a certain amount of profit] - where there is no actual amount of profit or minor amount of profit - the amount of reduction is reduced [the scope of recommendation] reduced range, 1 month or month to 6 months [the period of suspended sentence] - There is no positive reason for affirmative participation: If there is no actual amount of profit or minor amount of profit - If there is no actual amount of profit: Social relation, clear relation, and serious reflect [the decision of a sentence] case where there is no amount of profit: The act of lending the means of access to 4 months under the suspension of sentence : The act of facilitating the Internet gambling, and the act of lending it to a financial institution, and the victim who borrowed the account of this case by the defendant is deemed to have suffered serious harm to his own account.

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