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(영문) 대전지방법원 서산지원 2017.09.14 2017고단554

전자금융거래법위반

Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium in the course of receiving, demanding or promising the consideration in using and managing electronic financial transactions.

The defendant will give 3 million won per unit, if he/she transferred a physical card from a person who is not his/her name.

" Upon receipt of a proposal, on April 6, 2017, Jin-si B, 3 Dong-dong 209, the e-mail cards and password connected to the corporate bank account (C) opened in the name of the Defendant was delivered via Kwikset Service Articles to non-regular men and lent electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the verification of deposit, details of provision of financial transaction information, and details of deposit and withdrawal transactions;

1. Relevant legal provisions concerning facts constituting an offense, Article 49 (4) 2 and Article 6 (3) 2 of the Act on the elective Electronic Financial Transactions, and Article 6 (3) 2 of the same Act, the choice of imprisonment;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act not only harms the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the cream card lent by the Defendant was actually used for the singishing fraud, it is necessary to punish the Defendant strictly.

However, the defendant asserts that he/she is against the mistake, there is no record of criminal punishment exceeding the fine, the fact that he/she seems to have no profit from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act shall be comprehensively considered to determine the punishment as ordered.