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(영문) 대구지방법원 서부지원 2019.11.28 2019고단1961
전자금융거래법위반
Text

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall, unless otherwise specifically provided for in any other Act, borrow or lend the means of access while accepting, demanding or promising any compensation.

Nevertheless, around May 20, 2019, the Defendant heard the horses that “it is necessary to withdraw interest in order to obtain a loan,” from a person who assumes a false name as a lending business operator, and sent it to him/her on May 21, 2019, and at the post office of the Indicied Agency located in Daegu-gun-ro 33:30, 9, in the city of Ma-ro 33-gil, Daegu-gun, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-dong, Ma-dong, connected

As a result, the Defendant promised to pay for the intangible expected interest of future loans, and lent one copy of the means of access to the name in favor of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the details of transaction transfer, copies of relevant photographs (E), data on replies, details of account transactions, and provisions of dialogue;

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. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case; considering that the defendant has no criminal records of the crime subject to the previous punishment and the suspended execution

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