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(영문) 광주지방법원 2018.10.18 2018고단2163

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 2017, the Defendant promised to lend 200,000 won a day from his name in return to the Defendant’s name, and promised to use a cke card, which is linked to the Defendant’s name B’s union account (C) in front of the post office of the mine located at 32, a 117-ro, Gwangju Mine-ro, Gwangju, on June 2017, sent one cke card to the above name in return for the Defendant’s name in return for the payment of 20,000 won a day from his name in return for the Defendant

As a result, the defendant promised to pay the price, and used a medium of access to electronic financial transactions for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. A copy of transaction details of passbook;

1. Application of Acts and subordinate statutes to CCTV photographs withdrawn in cash;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant crime of lending to another person the access medium by a financial institution with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act may be abused as a means of other crimes, such as Bosing, etc. In fact, the Defendant committed a fraudulent crime using the access medium that the Defendant lent the access medium, and the Defendant did not merely lent the access medium, but rather directly withdraw and deliver the amount of damage caused by the fraudulent crime deposited in the account linked to the one’s own leased, and thereby providing a great help in the realization of the profit from the crime of fraud, etc., shall be punished by imprisonment, taking account of extenuating circumstances.

However, prior to the crime of this case, a suspended sentence shall be imposed in consideration of the favorable circumstances, such as the fact that the defendant was punished once a fine, and the fact that his mistake is recognized and reflected.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as per the order.