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(영문) 인천지방법원 2018.07.13 2018고단4013

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on January 17, 2018, the Defendant received 2,80,000,000 won for a month from a person who is in a name in front of the Korean bank located in the Incheon Strengthening-gun, Incheon, and issued a copy of the check card (Account Number C) to a person who is in a name in the name of the Defendant through another employee in a name in a nameless manner.

Accordingly, the Defendant promised to pay for the above, 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 to a report on investigation (Attachment of Account Transactions);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is transferred by the defendant to a person who has no name, for the purpose of receiving compensation. The crime of this case is highly likely to be used for another crime with great social harm, such as singing, etc., by the access media.

In fact, the physical card lent by the defendant was used for fraud crime.

The Defendant received a summary order of a fine of one million won on February 10, 2010 for the same crime, and the record of imprisonment on February 17, 2012, which was sentenced on February 17, 2012, seems to have been sufficiently aware of the illegality of such act.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

In 2012, a sentence of imprisonment with prison labor is punished with special larceny.

The defendant does not seem to have actually received any consideration.

The defendant's character and behavior in the above circumstances.