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(영문) 광주지방법원 순천지원 2020.01.30 2019고단2203
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

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

Nevertheless, on June 3, 2019, the Defendant listened to the speech that “I would give a loan if I send a physical card necessary for the payment of principal and interest,” by telephone from a person who assumes the personal monthly office staff, and then deliver to Kwikset service article one physical card, which is the means of access to the Samsung Securities (D) in the name of the Defendant, at the convenience store located in Skset City B around that time, at the convenience store located in Skset City B.

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. Application of the Acts and subordinate statutes governing financial transactions;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the nature of the crime in this case, the occurrence of subsequent crimes, the circumstances before and after the crime, the reflectivity of the defendant, the family relationship, etc.

It is so decided as per Disposition for the above reasons.

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