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(영문) 춘천지방법원 원주지원 2017.04.26 2017고단72

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

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on August 2016, the Defendant took part in the Defendant’s name-oriented E by delivering the passbook, physical card, etc. in the name of the Defendant to the Defendant under the condition that the Defendant would receive 50-7 million won from the parallel account (D), etc. in front of 111, Gangwon-gun Apartment-gun Apartment apartment, which is a residence of the Defendant, in the middle of August 2016.

Accordingly, the defendant provided access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against F and a petition;

1. Application of Acts and subordinate statutes to the response letter;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The access media of this case leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was actually used for licensing crimes.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

However, in light of the fact that the defendant led to the confession of the crime of this case, and that there is no record of committing the same kind of crime, etc., the circumstances favorable to the defendant shall be considered, but the punishment as ordered shall be determined by comprehensively taking into account all kinds of sentencing conditions in the process of the trial of this case, such as the age, sex, environment, and circumstances after the crime.