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(영문) 수원지방법원 안양지원 2017.12.20 2017고단1907

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 person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, the defendant, on July 1, 2017, will give 3 million won per week a week a physical card to a person who is not named by telephone.

“A” promise was signed on July 3, 2017, and sent to the person who sent the name in the back of the 6th church of the Mao-ro 6th of Ansan-si, Yongsan-si, the title of the Defendant, one copy of the physical card connected to the name of the Defendant’s name.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on the verification of transaction details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Unfavorable circumstances: The head of a Tong leased by the defendant appears to have been used for committing a lending fraud; - favorable circumstances: the defendant recognizes a crime and has no criminal record of imprisonment without labor or heavier