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(영문) 청주지방법원 제천지원 2018.08.09 2018고단184

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, at around 15:00 on April 2, 2018, the Defendant, via Kwikset Service Articles, lent a copy of the C Card connected to the Postal Savings Account (E), 1, 1, 1, 3,000 won connected to the Postal Savings Account (E), 1, 1, 1, 3,000 won connected to the Postal Savings Account (G), and 1, 1, 300,000 won per 1,00 won per 3,000 won per 3,000 won per 1,00 won per 1,000 account from the name in default.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A statement of transactions, a certificate of confirmation of transaction details, and account transaction details;

1. Investigation report (related to additional victims and amount of damage);

1. Three copies of a petition, etc.;

1. Application of three copies of deposit transactions to Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

The lending media has reached four chapters, and the victim of the crime of fraud is eight, and the amount of damage is about 15 million won.

The favorable circumstances: The mistake is recognized and reflected.

It seems that there is no benefit gained by the defendant in reality.

The Defendant is an initial offender who has no criminal history.