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(영문) 광주지방법원 2018.03.29 2018고단399

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions in return for consideration.

Nevertheless, on August 22, 2017, the Defendant received a proposal from a person without the name of the head of the Tong to “on the face of lending the head of the passbook to KRW 3 million in one month in consideration of such consideration,” and consented thereto, and then, on around 23, around 201, the Defendant laid down the c’s office operated by the Defendant of the third floor of the building located in B, the third floor of the building in B, which was linked to the name of the Defendant’s bank account in the name of the Defendant and the c’s password.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the inquiry table of customer information and details of transactions of entry and departure;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

It is an initial crime with no record of criminal punishment.

Unfavorable circumstances: The access media leased by the Defendant was used for the crime of fraud (the damage amount to be deposited in KRW 4 million). The so-called large passbook is essential to commit various types of crimes, such as the singishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier.

In 2013, there is a suspicion of violation of the Electronic Financial Transactions Act.