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(영문) 광주지방법원 순천지원 2020.05.20 2019고단2825
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 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, on December 10, 2018, the Defendant: (a) heard the horses that “When sending a physical card, the Defendant would make it possible to borrow up to 20 million won by accumulating transaction performance by accumulating transaction records; (b) the interest rate is 17% per annum and at the time the loan is completed, it would give 5% working expenses upon completion; (c)”; and (d) around the 11th day of the same month, at the CY office located in Macheon-si B, the Defendant sent one physical card, which is the means of access in the name of the Defendant, to Kwikset service engineer.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Official receipt, deposit certificate, etc.;

1. Application of the new Acts and subordinate statutes on financial transaction information;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] [Type 1] general crime [special person] - Where there are particularly extenuating circumstances in the commission of a crime or the motive for a crime (where a person complies with the request for provision on loan or employment, etc.), [the scope of the recommended territory and the scope of the recommended punishment] mitigation area, one to six months of imprisonment [general person] - Where there is no actual amount of profit or minor amount of profit (where there is no reason for suspension of execution] major pride - Where there is reason for special consideration in the commission of a crime or motive for a crime: Where there is no actual amount of profit or minor amount of profit, there is no criminal conviction above suspension of execution.

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