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(영문) 대구지방법원 포항지원 2019.09.26 2019고단782
전자금융거래법위반
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years 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 lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

On December 27, 2018, the Defendant extended a loan to KRW 10,000,000 at low interest rate from the Defendant while providing a credit service with a name-free person and telephone. The Defendant: (a) listened to the horses that are necessary for withdrawal of loan fees; and (b) transferred a physical card to the D Bank account (Account Number:E) linked to the D Bank Account (Account Number) in the name of the Defendant at the agency located in the Northern-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si on December 27, 2018.

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

Summary of Evidence

1. The defendant's legal statement (part);

1. The police statement concerning F;

1. Attachment of a report on internal investigation (transfer receipt);

1. Application of Acts and subordinate statutes on response data by the D Bank;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the means of access in this case has been used for licensing crimes, one time of fine for the same kind of crime, and one time of suspended execution, and considering the fact that the crime in this case was committed during the period of suspended execution, it is reasonable to hold the defendant liable for severe responsibility.

However, the execution of the above punishment is suspended on condition that probation and community service order are added only once, taking into account all circumstances such as the defendant's family relation, career, etc., including the fact that the defendant's mistake is divided, and there is no other criminal records other than the above previous criminal records.

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