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(영문) 광주지방법원 2020.01.30 2019고단4352
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

The Defendant, on January 2019, proposed that he would pay KRW 3 million to a person who was not a master of his name in order to lend his physical card from his name, and around that time, he sent one physical card connected to the C Association (D) account in the name of the Defendant in front of the Seo-gu apartment in Seo-gu, Seo-gu, Gwangju apartment.

Accordingly, the defendant promised to receive compensation and lent the means of electronic financial transactions to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the CD joint network trading number-based statute;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

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 since it can be used as a means of other crimes; the means of access to this case loaned by the defendant is also used for the crime of fraud; disadvantageous circumstances such as the confession of the defendant, the fact that the defendant has committed the crime of fraud; there is no criminal record exceeding the same kind and fine; and there is no criminal record in favor of the defendant; and the defendant has not acquired any benefit due to the crime of this case; and the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc.,

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