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(영문) 광주지방법원 장흥지원 2020.04.23 2020고단10
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 borrow or lend a means of access to an electronic financial transaction while receiving, demanding or promising any compensation therefor.

Nevertheless, on August 9, 2019, the Defendant received a proposal from a person who has no personal name to "to give loans equivalent to 20 million won if he/she sent a physical card," and received a request from the person who has no personal name to re-issue the above physical card by delivering one copy of the physical card connected to the bank account in the name of the Defendant to the Kwikset service article in the name of the Defendant at around 15:00 on the same day, in accordance with the orders of the person who has no personal name, and received a request from the person who has no personal name to re-issue the above physical card.

8.12.Re-issuance of the check card linked to the above account at around 12.

As a result, the Defendant promised to receive intangible expected benefits for future loans, and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the head of a complaint, a certificate of remittance, and data on Canadian conversations;

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

1. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act requires strict punishment inasmuch as it can be used as a means of other crimes. The means of access to this case that the defendant lent by him is used as a means of fraud, the defendant recognizes his mistake and reflects it, the defendant was unable to gain profits due to the crime of this case, the balance in sentencing with the same crime, the defendant's age, character and conduct, motive and means of the crime of this case, and the circumstances after the crime, etc., shall be determined as ordered by taking into account all the circumstances of various sentencing as shown in

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