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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On November 19, 2015, the Defendant was sentenced to a fine of three million won by the Seoul Western District Court for violating the Electronic Financial Transactions Act. On December 23, 2015, the Defendant was subject to a disposition of suspending indictment from the Suwon District Prosecutors' Office to the same offense, and on March 7, 2016, the Seoul Southern District Prosecutors' Office was subject to a disposition of suspending indictment for the same offense.
No person shall lend a means of access while demanding and promising compensation.
Nevertheless, on October 2019, the Defendant loaned 10 million won at the interest rate of 3% from the name infinites who misrepresented the lending company's staff at the Seocho-gu office located in Seocho-gu, Seocho-gu.
A request is made to send a check card for the withdrawal of principal and interest.
'The proposal received and accepted it, and then deliver one physical card connected to the account (B) in the name of the defendant to the above-mentioned person using the selective distribution service, and notify the password by telephone.
Accordingly, the Defendant borrowed the means of access by receiving the promise to receive intangible profits from future loans.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement regarding C;
1. A report on internal investigation (attaching a detailed statement of account transfer);
1. Account CIF data;
1. Reports on internal investigation (Attachment of records on damage reporting to theA);
1. Previous records: Application of Acts and subordinate statutes governing criminal records and criminal records of the same kind;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. The defendant's act of violating the Electronic Financial Transactions Act on the grounds of sentencing Article 62-2 of the Criminal Code of the community service order will be a fourth.
As stated in the previous record, it was sentenced to a fine of three million won in 2015, and thereafter, it was discovered two times, but all of them were for credit loan and minor disposition of suspension of indictment.
Nevertheless, the crime of this case has been unfolded again, and at this time, it is also possible.