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(영문) 수원지방법원 평택지원 2018.10.18 2018고단974

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic finance in return for promise to another person.

Nevertheless, on October 2017, the Defendant called “to lend three million won to the account” from a person who was infinite’s name, and called “on October 25, 2017, the Defendant sent one copy of the physical card connected to the post office account under the name of the Defendant using registered mail in Pyeongtaek-si, which was located in the city of Pyeongtaek-si at Pyeongtaek-si, the center of Pyeongtaek-si, the 63:00 am around October 25, 2017.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

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

1. Strict punishment is required as it can be abused as a means of other crimes, such as scam, etc., for the purpose of sentencing under Article 62-2(1) of the Social Service Order Criminal Act. Considering the fact that the Defendant actually suffered fraud in relation to the access media that was transferred by the Defendant, the Defendant appears to have no profit accrued from the instant crime, and that the Defendant has no record of punishment.