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(영문) 대전지방법원 논산지원 2019.03.29 2018고단654
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 one shall lend a means of access while demanding, demanding or promising compensation in the use and management of the means of access.

Nevertheless, on April 2018, the Defendant became aware of a lending company with which the trade name cannot be known while taking advantage of the loan for the first time. Around 13:00, the Defendant issued a proposal to the effect that “The Defendant will take out the loan after making up the content of the deposit and withdrawal for 3 to 4 months on the face of 3 to 4 months since the credit status of the political party is not good,” and then, sent the check card, etc. connected to the D Bank account (E) in the name of the Defendant at the seat.

As a result, the Defendant promised to increase credit rating through false deposit transactions in return for the intangible expectation interest that can receive a future loan, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on warrant of search, seizure and verification;

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 Criminal Act disadvantageous to the suspended sentence: The means of access leased by the defendant has been used for licensing crimes, and circumstances that are favorable to the victim's damage has not been recovered: The defendant's mistake appears to be against his/her own mistake, and the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, circumstances, criminal records and circumstances

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