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(영문) 대전지방법원 2017.09.27 2017고단2886

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 person shall lend any access medium in return for consideration.

The Defendant, from February 2016 to March 2, 2016, received a proposal from the Saemaeul Credit Cooperatives, in order to “C” in order to lend a corporate passbook from one person, and accordingly, the Defendant sent the Saemaul Credit Cooperatives Account (Account Number E) in the name of the representative director, and the e-mail card linked to the said account, to the said “C” and received a delivery of KRW 700,000,000 in return.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Business registration certificate;

1. The document of F;

1. Application of Acts and subordinate statutes on remittance details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The crime, such as the main reason for sentencing under Article 62(1) of the Criminal Act, is not only disrupting the credibility of the safety performance of electronic financial transactions, but also requires strict punishment as a crime that can be used for crimes such as singinging, etc., which may cause damage to the general public. The fact that the actual fraud victim was committed using this case’s account is disadvantageous, and the fact that the confession, confession, and reflects are favorable circumstances.