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(영문) 의정부지방법원 고양지원 2020.02.19 2020고단19
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 lend any means of electronic financial transactions issued by a financial institution in return for the promise to sell the means of access.

Nevertheless, around May 8, 2019, the Defendant called from a person who was unaware of his name to the effect that “a loan can be made at a rate of 3% per month for personal monthly loan. If the Defendant sent a physical card to be used for the repayment of principal and interest, he will proceed with the loan,” and the Defendant’s home located in the name of the Defendant in the Goyang-dong-dong-dong-dong-si-si-si-si-si-si-si-si-si-Skwikkset Bank Account (Account Number E) was lent a physical card to the person who was unaware of his name through Kwikset.

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. A written statement;

1. Receipt of remittance;

1. Details of account transactions;

1. Application of the Kakao Stockholm 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 is against the recognition of the defendant's mistake.

There is no history of criminal punishment against the defendant.

On the other hand, on April 1, 2019, before the crime of this case was committed, the Defendant was investigated as the fact that he lent the e-mail card by means similar to the crime of this case (the suspension of indictment was imposed on June 10, 2019, which was after the crime of this case) and could be used for the e-mailing crime. It seems that the Defendant was sufficiently aware that the e-mail card was used for the e-mailing crime, and that it was a serious crime.

Nevertheless, the defendant committed the crime of this case again with the intent to obtain a loan, and the means of access lent by the defendant was used for the crime of Bophishing, causing a lot of damages.

The defendant.

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