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(영문) 전주지방법원 군산지원 2018.06.08 2018고단252

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, no person shall lend an access medium while demanding and promising the consideration.

Nevertheless, the Defendant, at around 12:00 on February 5, 2018, promised that “on the face of sending a e-mail card, to lend 40 million won to the e-mail account under the name of the Defendant, i.e., he/she will bring the e-mail card to the e-mail account under the name of the Defendant, 2 head of the e-mail card, and password connected to the Saemaul Treasury Account (C).” On February 5, 2018, the Defendant used the access media, such as the e-mail card, e-mail card, and password, which are connected to the e-mail of the post office.

As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to D;

1. Application of seizure records and statutes concerning the list of seizure;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized all of the crimes and reflects the fact that there is no record of punishment heavier than the fine, and that the defendant has already been punished once for the same crime. The crime of this case is that the defendant has already been punished once for the same crime. The crime of this case is designed to receive the payment and lent the electronic financial transaction media to the court for the use of it in other criminal acts, which is likely to undermine the trust in the electronic financial transaction, and thus requires a strict punishment. It is considered that the defendant's age, family relationship, sexual behavior, motive for the crime, etc. are considered as the factors for sentencing unfavorable to the defendant. It is so ordered as per Disposition.