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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1628
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On August 2019, the Defendant accepted a proposal from a deceased person’s name in his/her name, stating that “When sending a physical card to allow him/her to withdraw interest and principal, he/she will do so.” On August 21, 2019, the Defendant sent the physical card, which is a means of access connected to the new bank account (D) in the name of the Defendant, to the Kwikset Service Articles who sent the name and non-member of the physical card, which is a means of access connected to the new bank account (D) 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 to E by the police;

1. Application of the Acts and subordinate statutes to “money receipt, Kakao Stockholm message output,” financial information description, and the Kakao Stockholm conversation output

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. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of offenses in violation of the Electronic Financial Transactions Act [Type 1] according to the sentencing guidelines, four months to ten months in imprisonment;

2. Even in the past of the decision of sentence, the same kind of crime was committed and the person was committed, and re-offending was committed.

However, crimes are recognized.

Other consideration shall be given to the amount of damage and the environment of the defendant.

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