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(영문) 서울서부지방법원 2019.10.23 2019고단3022
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.

On May 9, 2019, the Defendant, at around 11:30 on May 9, 2019, delivered one copy of the physical card, which is a means of access connected to B bank account (C: number) in the name of the Defendant, via post office, to the non-resident, pursuant to the promise that the Defendant would make a transaction statement with the non-resident as if he had received a monthly wage,” and that the Defendant would make a loan to the non-resident.

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. Written statements prepared in D;

1. Application of B bank replies, personal information inquiries, and financial transaction details-related 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. The reason for sentencing under Article 62(1) of the Criminal Act, even before the instant case, was that the Defendant was investigated by an investigative agency and was aware of the illegality of the means of access due to the lending of the means of access. However, the Defendant appears to have the attitude to recognize and reflect the instant crime, and the Defendant’s age, character and behavior, career, motive for committing the instant crime, and other circumstances, which are the conditions for sentencing specified in the instant pleadings, shall be determined in full view of all the circumstances, including the Defendant’s age

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