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(영문) 수원지방법원 안산지원 2018.10.25 2018고단2711

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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person may borrow or lend any access medium used in electronic financial transactions while receiving, demanding, or promising the payment. However, the Defendant requires a card for the purpose of tax reduction from a person who is an employee of a liquor company on April 7, 2018.

Around April 9, 2018, the Defendant’s name was issued via Kwikset Service Articles, and the password of the said account was notified to Kwikset Company’s cell phone. The Defendant’s name was sent to Kwikset Company’s account (C) in front of the Defendant’s residence under B 204, around April 9, 2018.

The Defendant promised to receive the above consideration, and lent the access media used in electronic financial transactions.

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 to the screen output of the integrated short-term system of Saemaul Treasury;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Transactions of Criminal Crimes and the Use of Funds for the Voluntary Selection of Punishment; Selection of imprisonment;

1. The access media that the Defendant lent to the Defendant for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is highly likely to be used for crime, such as the so-called Bosing fraud, which is highly harmful to society, and the above access media was actually used for the crime of fraud, and the nature of the crime is not good.

However, considering the fact that the defendant is the first offender and shows an attitude against the wrong, the punishment shall be determined as per the order.