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(영문) 춘천지방법원 원주지원 2017.12.15 2017고단956

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 borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

The Defendant, with the knowledge of the fact that he could receive a certain amount of money when lending a check, which is an access medium, through a mobile phone advertising message received from a person who is not his name, was willing to lend the check card.

On April 12, 2017, the Defendant sent a false name card, etc. to Ck Center located in B during a match 16:10 on April 12, 2017, on condition that the Defendant receives three million won from the month when he/she opened a new bank account (E) in his/her name.

On the one hand, the article was replaced by the method of hanging.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of transfer results and application of Acts and subordinate statutes on mobile phone text records;

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 access media of this case, in fact, leased by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the following circumstances favorable to sentencing), was actually used for licensing crimes.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

However, the defendant has no record of punishment exceeding a fine and has no record of the same kind, the confession of a crime and the misunderstanding is being taken into consideration in favorable circumstances, and the sentencing conditions as the order shall be determined in consideration of the defendant's age, sex, environment, motive and circumstances after the crime, etc., as shown in the records.