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(영문) 광주지방법원 순천지원 2019.10.17 2019고단1687
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, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.

Nevertheless, around January 14, 2019, the Defendant heard the phrase “if he wishes to obtain a loan, he shall have the actual usage of the loan, and if he sent it, he will return it after accumulating the transaction performance.” On the part of the Defendant’s bank account (D), he issued one physical card connected to the bank account in the name of the Defendant, and notified the password of the physical card.”

In this respect, the Defendant promised to give credit and receive future loans through false deposit collection transactions in return for the intangible expectation interest, and lent the means of access to a person who has failed to obtain the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on certificates of deposit transactions, customer personal information, and F dialogues;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, and the choice of imprisonment with labor;

1. The act of lending the means of access on the grounds of sentencing under Article 62(1) of the Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe, and the relevant crime is not minor.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant reflects the wrongness of the defendant; (b) the motive and circumstance of the crime of this case; (c) the motive and circumstance of the crime of this case; (d) the number of means of access transferred; (e) the amount of relevant damage; (e) the circumstances after the crime; and (e) the age, character

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