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(영문) 부산지방법원 2019.02.14 2018고단4983
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

On June 29, 2010, the Defendant had been aware of the fact of transferring a physical card connected to the account under the name of the Defendant when the Defendant trusted the horses of those who would not want to give a loan when sending the physical card, etc. and transferred the physical card connected to the account under the name of the Defendant. As the said account was discovered on June 29, 2010, the government prosecutor’s office suspended indictment due to the violation of the Electronic Financial Transactions Act at the government prosecutor’s office, which was in violation of the Electronic Financial Transactions Act, and thus, the Defendant was aware of the fact that the account under the name of the Defendant could be used for criminal acts in lending the means of electronic financial transactions to others. Moreover, the Defendant was provided with the check card to the effect that “after the receipt of the means of electronic financial transactions by misrepresenting the lender’s employees, etc.,” the check card was sent.

Nevertheless, around May 21, 2018, the Defendant accepted a proposal to the effect that the Defendant sent a physical check connected to the account to be used in receiving loans because it is necessary to register the card to obtain loans by telephone from an imperson who assumes a false credit service provider, and accepted the proposal to the effect that “the Defendant sent the physical check card connected to the account to be used in receiving loans.” At around 14:00 on the 22th day of the same month, the Defendant sent the physical card connected to the D Bank account in the name of the Defendant before the Busan East-gu Busan Metropolitan Government Association (E).

Accordingly, the Defendant knowingly lent the means of electronic financial transactions to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes in Part I to the details of transactions of entry and withdrawal and the list of related cases;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Taking into account the fact that there is no history of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act, and that his/her mistake is against each other;

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