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(영문) 창원지방법원 2020.04.02 2020고단150
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.

On October 14, 2019, the Defendant sent a e-mail card connected to the account because it is difficult to grant a normal loan due to lack of the present transaction performance from a lender who is unable to know his name at the post office located in the Jinju-si, Jin-si, and thus us will make it possible to grant a loan by creating the transaction details.

"I hear the word of "," and build a personal identification card connected to the name B (C) account in the name of the defendant.

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A copy of a receipt for remittance of damaged money, and application of statutes concerning details of transactions;

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 main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 1] general criminal field [the scope of recommendation field and recommendation range] basic field, and April to October of imprisonment;

2. Circumstances unfavorable to the determination of sentence: The instant crime is a crime that undermines the safety and trust of financial transactions.

Although the defendant was punished for the suspension of the execution of imprisonment in 2017 due to the violation of the Electronic Financial Transactions Act, the defendant lent the second check, and the same lending card was actually used for fraud, so there is a high possibility of criticism.

A favorable circumstances: The Defendant recognized the instant crime, and was not able to obtain monetary benefits from the instant case.

(b) the defendant;

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