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(영문) 인천지방법원 2018.10.18 2018고단6525

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on September 2017, the Defendant would offer a loan to a maximum of KRW 10 million by raising credit rating when sending a physical card from a person who was in the name of the first police officer.

“In response to the proposal, the account was deemed to have been used for a crime, such as Bosing, etc. before the Defendant, who was living in Bocheon-si, B in the same month, but he sent the physical card connected to the accounts of the Saemaul Treasury in the name of the Defendant to his name in the name of the Defendant through home, and notified the password of the account.

Accordingly, the Defendant, even though being aware of being used in the crime, lent a accessible medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage or a statement of damage in the body of enterprises;

1. Application of Acts and subordinate statutes to the investigation report (previous convictions);

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is highly likely to be used for crimes such as Bosing, etc., and thus, the relevant lending account is highly likely to be used for such crimes.

The defendant committed a second offense even though he was sentenced to a fine in the same kind.

In order to prevent recidivism and improve awareness of awareness, imprisonment is selected.

However, his mistake is recognized and reflected.

There is no room for consideration of the circumstances that it was committed in response to the proposal that the loan will be avoided.

There is no profit actually acquired.

On October 12, 2018, this Court was sentenced to two years of imprisonment with prison labor in this court.