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(영문) 광주지방법원 순천지원 2018.03.23 2017고단2774

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on May 2017, the Defendant believed to lend 10,000 won per 10,000 won per 1 card to the non-scam in the scam-dong in Pyeongtaek-si-dong at the end of the end of the day of May, 2017, and sent kwikset Bank Account (B) and KB National Bank Account (C) to the non-scam.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A criminal investigation report (a copy of the victim E-Appeal, etc.);

1. A trading statement;

1. Application of the law of replys

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act 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 reasons for sentencing under the main sentence of Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) unfavorable circumstances, such as the fact that the access media leased by the defendant were used for committing the phishing fraud; (b) favorable circumstances, such as the fact that the defendant recognized and reflected the crime; and (c) other favorable circumstances, such as the defendant’s previous conviction, age, family environment; (d) motive and circumstance of the crime; (e) the number of lent access media;