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(영문) 춘천지방법원 원주지원 2018.08.08 2017고단1247

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend, keep, deliver or distribute any access medium while receiving, demanding or promising any consideration in using or managing the access medium.

On September 18, 2017, the Defendant received mobile phone text messages that provide the payment of the payment if he lends the e-mail card, which is an access medium from a person who is not his name, and on September 18, 2017, the Defendant sent the e-mail card from the Defendant’s e-mail in front of the clothes of the Defendant on the 1st floor of the Seoul Special Metropolitan City, Gangwon-si, Seoul Special Metropolitan City, on the condition that he receives the e-mail card, etc. of the Defendant’s name in the e-mail account from the Defendant’s name in one week, by using Kwikset service.

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. Application of Acts and subordinate statutes on police statements made to D;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Article 62(1) of the Criminal Act suspended execution (in the case of the crime of this case, the crime of this case is committed in light of the method and result, etc., and there are circumstances unfavorable to the defendant, such as the nature and circumstances of the crime, the crime, and the fact that the crime is not less than the latter, and the defendant does not have any criminal records of the same kind and the suspended execution, and the defendant has a depth of his mistake, and the motive and circumstances of the crime of this case, the age of the defendant, occupation, family relationship, health conditions,