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(영문) 서울서부지방법원 2019.05.30 2019고단1095
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

Nevertheless, around 19:00 on July 24, 2018, the Defendant, prior to the Mapo-gu Seoul Mapo-gu Seoul District Public Notice Board, sent the physical card, which is a means of access connected to the CUnion account (D) under the Defendant’s name, pursuant to the promise that “I would lend the physical card, three million won.”

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the details of petition, remittance and financial transaction;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The nature of the crime itself is not good, the circumstances favorable to the fact that there are many kinds of criminal records: the fact that the crime was committed once rental and no benefit was obtained, the previous power was very old, the fact that the person with a disability is maintaining a livelihood difficult for the person with a disability, and the fact that it is against the fact that it was committed.

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