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(영문) 청주지방법원 2020.04.01 2019고단2203
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on June 25, 2019, the Defendant listened to the statement that “When sending a e-mail card that allows the use of the account, the Defendant would create the details of transactions of opening and withdrawing the account and increase credit rating so that the loan can be made,” and around June 25, 2019, the Defendant issued one e-mail card connected to the Cbank account (D) in the name of the Defendant in the name of the Defendant in Seo-gu, Seo-gu, Seowon-gu.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to notify data on financial transaction status;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. One month to three years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence: The existence of the same kind of force, and the means of access as in this case can be abused for crime and thus have great social harm: the defendant seems to be against this case, and the above circumstances shall be determined as per the order by comprehensively taking into account the defendant's age, character and conduct, environment, motive for crime, means and result, etc.

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