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(영문) 서울동부지방법원 2019.09.04 2019고단2169
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, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around February 20, 2019, the Defendant received a text message on a mobile phone loan advertisement from an unsatisfyer who contacted him, and received a proposal that “a personal monthly loan, which must directly withdraw interest on the loan, is informed of the account number, and a physical check is sent,” and around 12:0-14:00 on the same day, the Defendant issued a letter of c check card connected to the Defendant’s account under the name of the Defendant in front of Seongdong-gu Seoul, Seongdong-gu, Seoul, to the above unsatfyer through Kwikset, and also notified the password of the above c card.

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. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (transfer date and place of access media);

1. Application of Acts and subordinate statutes on deposit receipts;

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 grounds for sentencing under Article 62(1) of the Criminal Act include the fact that the Defendant was sentenced to a fine twice for a violation of the Electronic Financial Transactions Act in around 201, and that there was a history of being sentenced to the suspension of indictment on suspicion of violating the Electronic Financial Transactions Act in 2014, and that there was a history of being sentenced to the suspension of indictment on charges of violating the Electronic Financial Transactions Act in the course of the instant trial, such as the circumstances after

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