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(영문) 광주지방법원 2018.04.05 2018고단741

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing access media used in electronic financial transactions.

Nevertheless, at around 14:00 on October 27, 2017, the Defendant: (a) lent two accounts of the Defendant to an infinite person who misrepresented the liquor company at the mine post office located in the Gwangju Mine-ro No. 171, 32,000,000; (b) borrowed 3,000,000 won per account; and (c) sent two physical cards to the Defendant’s post office account in the name of the Defendant and with the access media connected to the bank account (B) and the bank account (C); and (c) sent two physical cards to the Defendant, and notified the password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a separate account list;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud crime.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as follows: (a) the defendant reflects the mistake; (b) the defendant has no criminal record of the same kind; (c) the defendant has not acquired any profit by committing the crime in this case; and (d) the defendant's age, sex, circumstances