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(영문) 인천지방법원 2019.10.17 2019고단5606
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 became final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, the Defendant, on February 2019, issued a proposal to the effect that “When sending a physical card, the Defendant would make the details of transactions and prejudice a low interest loan through entry money,” from a person who misrepresented himself/herself as a member of the social financial institution that he/she had taken advantage of his/her name, he/she issued a physical card to his/her name in front of the “C” located in Seo-gu Incheon, Seo-gu, Incheon, through Kwikset Service Articles.

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. The police statement concerning F;

1. Application of Acts and subordinate statutes attached to the details of transfer and the details of meetings of the D Bank;

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. In light of the fact that the crime of lending the means of access under Article 62(1) of the Act on the Suspension of Execution is not only detrimental to the security and reliability of electronic financial transactions, but also is also a means that facilitates other crimes, the case is not easy. In light of the fact that the Defendant entered his bank account into the crime of violating the Electronic Financial Transactions Act in relation to the withdrawal of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the indictment, and the Defendant appears to have been well aware of

However, the fact that the defendant has been led to his confession, the fact that only the defendant has been sentenced to a four-time fine, the age, character and conduct and environment of the defendant, the motive, means and result of the crime.

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