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(영문) 전주지방법원 군산지원 2019.06.28 2019고단327
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 became final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, on January 5, 2019, the Defendant sent a copy of e-mail card (E) linked to the bank account in the name of the Defendant to obtain a loan, following the examination of the delivery of the e-mail card, to the following: (a) the e-mail card, which was linked to the e-mail-ro 171, Hansan-si, Hansan-si, 171, stating that “B bank C agent is able to obtain additional loans through the process of modifying the transaction details.” (b) the Defendant, upon the delivery of the e-mail card, sent the e-mail card to the e-mailed person via the post office.

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. Application of Acts and subordinate statutes requesting the provision of financial transaction information;

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 Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that there is no criminal records, and the crime of this case is a sentencing factor favorable to the defendant. The crime of this case is the lending of electronic financial transaction media to receive compensation and thus requires a strict punishment due to the high possibility of using the means of access which has been leased to another criminal act, the means of access actually leased by the defendant is deemed to have been used for singishing fraud, and the defendant has been previously notified of his account number by sending a copy of the passbook to the person who has failed to know his account number.

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