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(영문) 제주지방법원 2019.06.14 2018고단2847
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or borrow any cash card, password, passbook, etc. necessary for the use of the cash card, cash card, etc. issued by a financial institution while demanding, demanding, or promising to provide, demand, or promise the price.

On August 21, 2018, the Defendant: (a) heard the phrase “a person who intends to provide a loan” from a person with no personal name from a person with no personal name at a time lower than Mapopo-si; (b) obtained a statement that “a person will provide a loan to 10 million won after counting a performance record; and (c) obtained a loan from a person with no personal name from a person with no personal name; and (d) delivered a physical card connected to B bank account (C) under the name of the Defendant at a Cheongpo-Gun Office located in the Cheongan-Gun, Jeonnam-do, 2018 on August 22, 2018.

As a result, the Defendant promised to pay credit rating through false deposit collection transactions in return for intangible expectation interest to receive future loans, and lent the means of access to a person who has not been registered.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of a copy of the protocol of interrogation of the accused in the police preparation;

1. To describe a copy of the DNA statements;

1. A copy of the detailed statement of transactions by account and each copy of the detailed statement of transactions;

1. Application of video Acts and subordinate statutes to E message output photographs;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is 【The scope of the sentence to be sentenced under the law,” 【The sentence to be sentenced 1 month or 3 years’ 【The sentence to be sentenced 6 months’ : the act of lending the means of access is serious as a result of facilitating various crimes, such as tax evasion, Internet gambling, and scaming; the Defendant is subject to the suspension of indictment from the public prosecutor belonging to the Seoul Southern District Public Prosecutor’s Office on April 4, 2017; and on September 7, 2017, 200,000 won from the Gwangju District Public Prosecutor’s Branch Branch.

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