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(영문) 서울중앙지방법원 2018.05.10 2018고단1879

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium with the knowledge that such medium will be used for a crime.

Nevertheless, on December 27, 2016, the Defendant: (a) heard the explanation that he/she would obtain a work loan by making a fake sales through the opening and withdrawing of a passbook from a person in the name of the deceased; and (b) around December 29, 2016, around December 29, 2016, at the Defendant’s office located in Dongdaemun-gu Seoul, he/she provided the Defendant with the password of the Defendant’s name bank deposit account (C) and sent the passbook, check, and check to the Defendant with the knowledge that he/she would be used for the crime; and (c) lent the access media to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D and E;

1. Answers such as details of transactions in the account of a national bank under A;

1. Details, transfer details, etc.;

1. Application of the Kakao Stockholm dialogue legislation

1. Articles 49 (4) 2 and 6 (3) 3 of the Act on the Electronic Financial Transactions and Trade in question; the selection of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act does not have any history of criminal punishment, and the defendant acknowledges the crime of this case and repents of errors.

However, in 2014, the Defendant had experience of receiving the price one time and transferring the approaching medium; the actual occurrence of the loan fraud by using the passbook leased by the Defendant; in order to eradicate such loan fraud, the lending of the approaching medium needs to be punished strictly; and the sentence like the order is imposed by comprehensively taking account of the factors of sentencing prescribed in Article 51 of the Criminal Act, as shown in the argument of the instant case.