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(영문) 광주지방법원 2018.07.05 2018고단2063

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend access media while demanding, demanding, or promising to demand or promise the consideration. Nevertheless, the Defendant, while using a computer in his/her own residence located in No. B and B 808 on January 24, 2018, reported an Internet advertisement containing that “When sending a passbook, 2,50,000 won shall be paid every week” and agreed to transfer a access medium connected to the account under the name of the Defendant through Kakao Stockholm Stockholm and receive KRW 2,50,000 per week from January 24, 2018 to 250,000 won, transferred the above password to the above Defendant’s account under the name of the Defendant (C) and 1,500,000 won to 2,500,000 won to 2,000,0000 won to 2,000,0000 won to 2,000,000 won.

Accordingly, the defendant received compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on account transactions;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The act of lending the access media with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment as it can be used as a means of other crimes. The Defendant’s lending of the access media is also used for the crime of fraud, and the Defendant acquires 2.50,000 won in return for lending the access media, and the Defendant commits the crime.