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(영문) 수원지방법원 안양지원 2020.04.01 2019고단2561
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 one may transfer any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.

Nevertheless, around May 16, 2019, the Defendant borrowed KRW 10 million at the interest rate of 21.5% per annum from a person who misrepresented to a credit adviser of B Bank. The Defendant heard the words “as the details of the withdrawal of deposits are insufficient to send a physical card,” and then issued a physical card to the person who is in the name of the Defendant at the Ear-dong post office located in the Pyeongtaek-dong-dong in the name of the Defendant at the time of Ansan-si around 16:35 on the same day.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on the financial transactions of the principal and the Kakao Stockholm, and the details of entrance and departure transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The act of transferring a means of access to another person is easy to commit various crimes, such as singing, and the liability for such crimes is not minor.

The means of access in this case was actually used in the crimes of Bosing.

A favorable circumstances: The defendant recognizes a crime and repents his/her mistake.

It seems that the defendant committed a crime by deceiving the speech of a person who has not received the name that the defendant would have harmed the loan, and there is no profit actually acquired.

It is the first crime.

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