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(영문) 의정부지방법원 2018.08.28 2018고단2464
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2018, the Defendant would lend money to the Defendant at least 4% of the monthly interest rate in front of the apartment complex B in Gwangju Metropolitan City, Northern-gu, Seoul Metropolitan City.

Since it is not a legitimate loan, there is no loan account due to tax issues or the investigation of the Financial Supervisory Service, it is necessary to obtain a repayment bank card that pays the principal and interest.

“A corporate bond broker who pretended to the purport that “, at the request of the needy, lent an access medium to electronic financial transactions even with knowledge that it would be used for crimes such as illegal loan, excess interest, and tax evasion by informing Kwikseter of its password to the Defendant’s National Bank Account (Number C) and around that time, by informing him of its password to the Defendant’s National Bank Account (Number C).

2. On March 21, 2018, around 16:00, the Defendant applied for the suspension of payment in front of the apartment as indicated in paragraph (1) and gave a head of the e-mail card connected to the said national bank account, which was reissued, to the Nonindicted Kwikset Service Articles, thereby lending the electronic financial transaction access media with knowledge that it would be used for the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of documents to be sent, search and inspection warrant, and response data of financial institutions;

1. Articles 49 (4) 2 and 6 (3) 3 of the Act on the Electronic Financial Transactions and Trade in question; the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution appears to have been used for committing the crime. However, it shall be determined by taking into account the reflection of the instant crime and the absence of the same criminal record;

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