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(영문) 창원지방법원 2017.11.30 2017고단3401

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in managing access media for electronic financial transactions.

Nevertheless, on April 4, 2017, the Defendant listened to the statement to the effect that “The Defendant would give KRW 3 million on a face-to-face page to allow the personal account to be used for five days due to tax issues related to the import of raw materials from overseas,” from a person who assumes a false name of a logistics company, and sent a physical card connected to the above name in the name of the Defendant’s post office account (B) by using the post office line from the 5th day of the same month to the 4th day of Kimhae-si, and notified the password by telephone communications.

Accordingly, the defendant promised to pay the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A trading statement;

1. Application of the legislation attached to the Kakao Stockholm dialogue details;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)

1. Sentencing criteria;

2. The access media of this case leased by the Defendant was actually used for crime.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant has no record of criminal punishment so far, the confession of the crime and reflects the mistake, and the age, sex, environment, etc. of the defendant.