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(영문) 수원지방법원 안산지원 2019.08.29 2019고단1392
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 becomes final and conclusive.

Reasons

Punishment of the crime

At the end of October 2018, the Defendant received a call from a person who was named in the name of the Defendant to “to get loans at a low interest rate by accumulating the transaction performance if he sent a physical card” from the person who was named in the name of the Defendant, and consented to it, and the Defendant’s name was sent to the person who was named in the name through Kwikset service article, stating the physical card and password connected to the Cbank account (Serial number: D) in the name of the Defendant.

As a result, the Defendant promised to receive intangible expected profits that can be loaned at low interest rates by accumulating transaction performance.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. Application of a copy of each certificate under Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act include: (a) the Defendant committed the instant crime even before the same suspended sentence; and (b) the means of access leased by the Defendant was used for electronic financial fraud: Provided, That it is contrary to the recognition of the Defendant’s mistake and it appears that the means of access in this case was leased for the purpose of obtaining the loan.

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