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(영문) 광주지방법원 2019.07.12 2019고단1702
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 1, 2018, the Defendant: (a) received a proposal that “15 million won is available; (b) he borrowed personal money; (c) he sent a physical card connected to AC’s account; and (d) if he transfers the principal and interest to the said account, he will withdraw the loan from the lending company.” (c) On November 1, 2018, the Defendant sent the physical card first, and (d) sent it to the lender, at around 16:30 on November 1, 2018, entered the password in one of the physical card connected to the C Account in the name of the Defendant in the Defendant’s office located in Gwangju Northern-gu, Gwangju, with the password attached to the C Account in the name of the Defendant in the name of the Defendant.

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. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following circumstances: (a) there is no previous conviction for sentencing under Article 62(1) of the Criminal Act; (b) the recognition of the crime and reflects the fact that the number of times of lending the means of access was limited to one time; and (c) there is no actual benefit from

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